ivt 


MANUAL 

of  the 


ILLINOIS 
DAIRY  AND  FOOD 
LAW 

Sanitary  Food  Law,  Oleomargarine 
Law,  Stock  Food  Law 

and 

Rules  for  Labeling 


In  Force,  July  1,  1911 


Compliments  of 
A.  H.  JONES 
State  Food  Commissioner. 


SPRINGFIELD: 

Illinois  State  Journal  Co.,  State  Printers 


\3W 


Illinois  State  Food  Commission. 


Alfred  H.  Jones,  Commissioner. 

\ 

John  B.  Newman,  Assistant  Commissioner. 
T.  J.  Bryan,  Ph.d.,  State  Analyst. 
Chas.  F.  McKinley,  Attorney. 


OFFICE  AND  LABORATORY. 

p.  Manhattan  Building,  431  South  Dearborn  St., 
Chicago,  III. 


CONTENTS. 

Page 

Food  Law  5 

Sanitary  Food  Law  36 

Oleomargarine  Law  44 

Stock  Food  Law  48 

Rules  for  Labeling  55 


ILLINIOS  DAIRY  AND  FOOD  LAW, 


.* 


An  Act  to  prevent  fraud  in  the  sale  of  dairy 
products , their  imitation  or  substitutes , to 
prohibit  and  prevent  the  manufacture  and 
sale  of  unhealthful,  adulterated  or  mis- 
branded food,  liquors  or  dairy  products,  to 
provide  for  the  appointment  of  a State  Food 
Commissioner  and  his  assistants,  to  define 
their  powers  and  duties  and  to  repeal  all  Acts 
relating  to  the  production , manufacture  and 
sale  of  dairy  and  food  products  and  liquors 
in  conflict  herewith. 

Section  1:  Be  it  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General 
Assembly: 

Provision  for  appointment  of  a state  food 

COMMISSIONER  AND  THE  ESTABLISHMENT  OF  A 

state  food  department.]  That  the  Governor 
shall  appoint  a commissioner  who  shall  be 
known  as  the  State  Food  Commissioner,  who 
shall  be  a citzen  of  the  State  of  Illinois,  and 
who  shall  hold  his  office  for  a term  of  four 
years  and  until  his  successor  is  appointed  and 
qualified,  and  who  shall  receive  a salary  of 
thirty-six  hundred  dollars  per  annum,  and  his 
necessary  expenses  incurred  by  him  in  the  dis- 
charge of  his  official  duties,  and  who  shall  be 
charged  with  the  enforcement  of  all  laws  that 
now  exist  or  that  hereafter  may  be  enacted  in 
this*  State  regarding  the  production,  manufac- 
ture, sale,  and  labeling  of  food  as  herein 
defined,  and  to  prosecute  or  cause  to  be  prose 
cuted  any  person,  firm  or  corporation,  or  agent 


♦Enacted  1907  and  amended  1909  and  1911. 


6 


thereof,  engaged  in  the  manufacture  or  sale 
of  any  article  manufactured  or  sold  in  viola- 
tion of  the  provisions  of  any  such  law  or  laws. 
The  Governor  shall  also  appoint  from  time  to 
time,  as  required,  a Food  Standard  Commission, 
for  the  purpose  of  determining  and  adopting 
standards  of  quality,  purity  or  strength,  for 
food  products,  for  the  State  of  Illinois,  to  con- 
sist of  three  members,  one  of  whom  shall  be 
the  State  Food  Commissioner  or  his  represen- 
tative, who  shall  serve  without  extra  pay;  one 
of  whom  shall  be  a representative  of  the  Illi- 
nois food  manufacturing  industries,  and  one  of 
whom  shall  be  an  expert  food  chemist  of  known 
reputation;  all  to  be  citizens  of  the  State  of 
Illinois,  who  shall  receive  fifteen  dollars 
($15.00)  per  day  for  a period  not  exceeding 
thirty  (30)  days  in  one  year,  and  necessary 
expenses  incurred  during  the  time  employed  in 
the  discharge  of  their  duties:  Provided , that 
said  Food  Standard  Commission,  in  determin- 
ing and  adopting  a standard  of  quality,  purity, 
or  strength,  of  milk  or  cream  shall  fix  such 
standard  as  may  be  determined  solely  by  the 
examination  and  test  of  milk  or  cream  and  the 
can  or  receptacle  in  which  it  is  placed. 

The  said  commissioner  is  hereby  authorized 
to  appoint,  with  the  advice  and  consent  of  the 
Governor,  one  assistant  commissioner,  who 
shall  be  a practical  dairyman,  whose  salary 
shall  be  three  thousand  dollars  ($3,000.00),  per 
annum  and  expenses  incurred  in  official  duties. 
One  chief  chemist  who  shall  be  known  as  State 
Analyst,  whose  salary  shall  be  twenty-five  hun- 
dred dollars  ($2,500.00)  per  annum  and  expen- 
ses incurred  in  the  discharge  of  official  duties. 
One  attorney  whose  salary  shall  be  eighteen 
hundred  dollars  ($1,800.00)  per  annum,  and 
expenses  incurred  in  the  discharge  of  official 


7 


duties.  One  chief  clerk,  .whose  salary  shall  be 
eighteen  hundred  dollars  ($1,800.00)  per  annum 
and  expenses  incurred  in  the  discharge  of  offi- 
cial duties.  One  assistant  clerk,  whose  salary 
shall  be  twelve  hundred  dollars  ($1,200.00)  per 
annum  and  expenses  incurred  in  the  discharge 
of  official  duties.  Three  stenographers  at  one 
thousand  dollars  ( $1,000.00  ) per  annum. 
Twelve  inspectors  whose  salaries  shall  be  as 
follows:  For  the  first  two  years  of  service 

twelve  hundred  dollars  each,  annually;  for  the 
third  year  of  service,  fourteen  hundred  dollars 
each,  annually;  and  for  each  succeeding  year 
of  service  an  additional  increase  of  one  hun- 
dred dollars  per  year  each,  until  the  maximum 
of  eighteen  hundred  dollars  a year  each  is 
attained,  and  expenses  incurred  in  the  dis- 
charge of  their  official  duties.  Said  commis- 
sioners shall  also  have  authority  to  appoint  one 
bacteriologist  at  eighteen  hundred  dollars 
($1,800.00)  per  annum  and  expenses  incurred 
in  the  discharge  of  his  official  duties;  and  seven 
analytical  chemists,  whose  salaries  shall  he  as 
follows:  For  the  first  two  years  of  service, 

twelve  hundred  dollars,  each,  annually;  for  the 
third  year  of  service  fourteen  hundred  dollars 
each,  annually;  for  the  fourth  year  of  service, 
fifteen  hundred  dollars  each,  annually,  and  for 
each  succeeding  year  of  service  an  additional 
increase  of  one  hundred  dollars  per  year  each, 
until  the  maximum  of  eighteen  hundred  dollars 
per  year  is  attained,  and  expenses  incurred  in 
the  discharge  of  their  official  duties,  and  one 
laboratory  janitor  at  seven  hundred  and 
twenty  dollars  ($720.00)  per  annum. 

The  said  commissioner  shall  make  annual 
reports  to  the  Governor  not  later  than  the 
15th  of  January,  of  his  work  and  proceedings, 
and  shall  report  in  detail  the  number  of  in- 


8 


S&ectors  he  has  appointed  and  employed,  with 
their  expenses  and  disbursements  and  the 
amount  of  salary  paid  the  same,  and  he  may, 
from  time  to  time,  issue  bulletins  of  informa- 
tion, when  in  his  judgment  the  interests  of  the 
State  would  be  promoted  thereby. 

The  said  commissioner  shall  maintain  an 
office  and  laboratory,  where  the  business  of 
said  department  may  be  conducted.  This  sec- 
tion shall  not  effect  [affect]  the  term  of  office 
of  the  present  commissioner,  and  he  shall  be 
regarded  as  having  been  appointed  under  the 
provisions  of  this  Act. 

The  Pood  Commissioner  shall  make  an  analy- 
sis and  examinations  for  the  State  Charitable 
Institutions,  of  foods,  drugs,  and  such  other 
supplies  as  the  laboratory  of  the  State  Pood 
Commission  is  equipped  and  prepared  to  ex- 
amine and  analyze. 

§ 2.  Power  of  commissioner  and  inspectors 
making  inspection.]  The  State  Pood  Com- 
missioner, and  such  inspectors  and  agents  as 
shall  be  duly  authorized  for  the  purpose,  when 
and  as  often  as  they  may  deem  it  necessary  for 
the  purpose  of  determining  whether  any  manu- 
factured food  complies  with  the  law,  shall  ex- 
amine the  raw  materials  used  in  the  manufac- 
ture of  food  products  and  determine  whether 
any  filthy,  decomposed  or  putrid  substance  is 
used  in  their  preparpiion.  They  may  also  ex- 
amine all  premises,  carriages  or  cars  where 
food  is  manufactured,  transported,  stored  or 
served  to  patrons,  for  the  purpose  only  of 
ascertaining  their  sanitary  condition  and 
examining  and  taking  samples  of  the  raw 
materials  and  finished  products  found  therein; 
but  nothing  in  this  Act  shall  be  construed  as 
permitting  such  officers  to  enquire  into,  or 
examine  methods  or  processes  of  manufacture, 


9 


or  requiring  or  compelling  proprietors  or  man- 
ufacturers, or  packers  of  proprietary  or  other 
food  products,  to  disclose  trade  rights  or  secret 
processes,  or  methods  of  manufacture.  Said 
commissioner,  inspectors  and  agents  shall  also 
have  power  and  authority  to  open  any  package, 
can  or  vessel  containing  or  supposed  to  con- 
tain any  article  manufactured,  sold  or  exposed 
for  sale,  or  held  in  possession  with  intent  to 
sell,  in  violation  of  the  provisions  of  this  Act, 
or  laws  that  now  exist,  or  that  may  hereafter 
be  enacted  in  this  State,  and  may  inspect  the 
contents  thereof,  and  may  take  samples  there- 
from for  analysis.  The  employees  of  railroads, 
express  companies  or  other  common  carriers 
shall  render  to  them  all  the  assistance  in  their 
power,  when  so  requested,  in  tracing,  finding 
or  disclosing  the  presence  of  any  article  pro- 
hibited by  law,  and  in  securing  samples  thereof 
as  hereinafter  provided  for. 

§ 3.  Refusal  to  assist  inspector  a misde- 
meanor.] Whoever,  by  himself,  his  agent, 
employee,  or  servant,  hinders,  obstructs,  or  in 
any  way  interferes  with  any  inspector,  analyist, 
or  officer  appointed  hereunder,  in  the  perform- 
ance of  his  duty  or  in  the  exercise  of  his 
powers  as  defined  in  this  Act,  or  whoever 
being  an  employee  of  a railroad,  express  com- 
pany, or  other  common  carrier  refuses  or  fails 
upon  request  to  assist  the  State  Pood  Commis- 
sioner, the  Assistant  Commissioner,  the  State 
Analyst,  or  any  Inspector  appointed  hereunder 
in  tracing,  finding  or  disclosing  the  presence 
of  any  article  of  food  prohibited  by  law  and  in 
securing  samples  thereof  as  provided  for  in 
section  2 of  this  Act,  shall  be  deemed  guilty  of 
a misdemeanor  and  shall  be  punished  as 
hereinafter  provided  for. 


10 


§ 4.  The  person  taking  such  sample  as  pro- 
vided for  in  section  2 of  this  Act,  shall  in  the 
case  of  bulk  or  broken  package  goods,  divide 
the  same  into  two  equal  parts,  as  nearly  as  may 
be,  and  in  the  case  of  sealed  and  unbroken 
packages,  he  shall  select  two  of  said  packages, 
which  two  said  packages  shall  constitute  the 
sample  taken,  and  properly  to  identify  the 
same,  he  shall,  in  the  presence  of  the  person 
from  whom  the  same  is  taken,  mark  or  seal 
each  half  or  part  of  such  sample  with  a paper 
seal  or  otherwise,  and  shall  write  his  name 
thereon  and  number  each  part  of  said  sample 
with  the  same  number  and  also  write  there- 
on the  name  of  the  said  dealer  in  whose 
place  of  business  the  sample  is  found,  and  the 
person  from  whom  said  sample  is  taken  shall 
also  write  his  own  name  thereon,  and  at  the 
same  time  the  person  taking  said  sample  shall 
give  notice  to  such  person  from  whom  said 
sample  is  taken  that  said  sample  was  obtained 
for  the  purpose  of  examination  by  the  State 
Food  Commissioner.  One  part  of  said  sample 
shall  be  taken  by  the  person  so  procuring  the 
the  same  to  the  State  Analyst  or  other  com- 
petent person  appointed  for  the  purpose  of 
making  examinations  or  analysis  of  samples  so 
taken,  and  the  person  taking  such  sample  shall 
tender  to  the  person  from  whom  it  is  taken  the 
value  of  that  part  thereof  so  retained  by  the 
person  taking,  said  sample;  the  other  part  of 
said  sample  shall  be  delivered  to  the  person 
from  whom  said  sample  is  taken.  If  the  person 
from  whom  said  sample  is  taken  has  recourse 
upon  the  manufacturer  or  guarantor,  either  by 
operation  of  law  or  under  contract  for  any 
failure  on  the  part  of  said  sample  to  comply 
with  the  provisions  of  this  Act,  then  said  per- 


11 


son  from  whom  said  sample  is  taken  shall 
retain  for  the  period  of  six  months  that  part  of 
said  sample  so  delivered  to  him  in  order  that 
said  manufacturer  or  guarantor  may  have  the 
same  examined  or  analyzed  if  he  so  desires. 

Provided,  that  the  person  procuring  said 
sample  may  securely  pack  and  box  that  part 
thereof  retained  by  him  and  send  the  same  to 
the  State  Analyst  or  other  competent  person 
appointed  hereunder,  and  the  testimony  of  the 
person  procuring  said  sample  that  he  did  pro- 
cure the  sample  and  that  he  sealed  and  num- 
bered the  same  as  herein  provided,  and  that  he 
wrote  his  name  thereon,  and  that  he  packed 
and  boxed  said  part  thereof  and  sent  the  same 
to  the  State  Analyst  or  other  competent  person 
appointed  hereunder,  and  the  testimony  of  the 
person  analyzing  said  sample  that  he  received 
the  same  in  apparent  good  order,  that  said 
sample  was  sealed,  and  the  number  thereof  and 
the  name  of  the  sender,  as  herein  provided  for, 
was  on  said  sample,  and  that  the  seal  at  the 
time  the  same  was  received  was  unbroken,  shall 
be  prima  facie  evidence  that  the  sample  so 
received  is  the  sample  that  was  sent,  and  that 
the  contents  thereof  are  the  same  and  in  the 
same  condition  as  at  the  time  the  person  so 
procuring  said  sample  parted  with  the  posses- 
sion thereof,  and  the  testimony  of  said  two 
witnesses  as  above  shall  be  sufficient  to  make 
prima  facie  proof. 

§ 5.  Manufacturing  adulterated  or  mis- 

branded food  misdemeanor.]  It  shall  be  unlaw- 
ful for  any  person  to  manufacture  for  sale 
within  the  State  of  Illinois  any  article  of  food 
or  drink  which  is  adulterated  or  misbranded 
within  the  meaning  of  this  Act,  and  any  per- 
son who  shall  violate  any  of  the  provisions  of 


12 


this  section  shall  be  guilty  of  a misdemeanor 
and,  on  conviction  thereof,  shall  be  punished 
according  to  the  provisions  of  this  Act: 

Provided , that  no  article  of  food  shall  be 
deemed  misbranded  or  adulterated  within  the 
provisions  of  this  Act  when  intended  for  export 
to  any  foreign  country  or  purchaser,  and  pre- 
pared or  packed  according  to  the  specifications 
or  directions  of  the  foreign  country  to  which 
said  article  is  intended  to  be  shipped;  but  if 
said  article  shall  be  in  fact  sold  or  offered  for 
sale  for  domestic  use  or  consumption,  then  this 
proviso  shall  not  except  said  article  from  the 
operation  of  any  of  the  other  provisions  of  this 
Act. 

§ 6.  Possession  misbranded  or  adulterated 
articles  prohibited.]  The  having  in  possession 
of  any  article  of  food  or  drink  which  is  mis- 
branded or  adulterated,  with  intent  to  sell  the 
same,  is  hereby  prohibited;  and  whoever  shall 
have  in  his  possession,  with  the  intent  to  sell, 
or  offer  for  sale,  any  article  which  is  adulter- 
ated or  misbranded  within  the  meaning  of 
this  Act,  shall  be  guilty  of  a misdemeanor,  and, 
on  conviction  thereof,  shall  be  punished  as 
hereinafter  provided.  Proof  that  any  person, 
firm  or  corporation  has  or  had  possession  of 
any  article  which  is  adulterated  or*  misbranded 
shall  be  prima  facie  evidence  that  the  posses- 
sion thereof  is  in  violation  of  this  section. 

§ 7.  Term  food  defined.]  The  term  “food” 
as  used  herein,  shall  include  all  articles  used 
for  food,  drink,  confectionery  or  condiment  by 
man  or  other  animals,  whether  simple,  mixed 
or  compound,  and  any  substance,  used  as  a 
constituent  in  the  manufacture  thereof. 

§ 8.  Defines  adulteration.]  That  for  the 
purpose  of  this  Act,  an  article  shall  be  deemed 
to  be  adulterated — 


13 


In  case  of  confectionery: 

First — If  it  contains  terra  alba,  barytes,  talc, 
chrome  yellow,  paraffin,  mineral  fillers  or 
poisonous  substances,  or  poisonous  color  or 
flavor. 

Second — If  it  contains  any  ingredient  dele- 
terious or  detrimental  to  health,  or  any  vinous, 
malt  or  spirituous  liquor  or  compound,  or  nar- 
cotic drug. 

In  case  of  food. 

First — If  any  substance  has  been  mixed  or 
packed  with  it  so  as  to  reduce  or  lower  or  in- 
juriously affect  its  quality,  strength  or  purity. 

Second — If  any  substance  has  been  substi- 
tuted wholly  or  in  part  for  -the  article. 

Third — If  any  valuable  constituent  of  the 
article  has  been  wholly  or  in  part  abstracted: 
Provided , that  in  the  manufacture  of  skim  or 
separated  cheese  the  whole  or  part  of  the  butter 
fats  in  the  milk  may  be  abstracted. 

Fourth — If  it  be  mixed,  colored,  powdered, 
coated,  polished  or  stained  in  any  manner 
whereby  damage  or  inferiority  is  concealed,  or 
it  is  made  to  appear  better  or  of  greater  value 
than  it  really  is. 

Fifth — If  it  contains  any  added  poisonous  or 
other  added  deleterious  ingredient  which  may 
render  such  article  injurious  to  health:  Pro- 
vided, that  when  in  the  preparation  of  food 
products  for  shipment  they  are  preserved  by 
an  external  application,  applied  in  such  a man- 
ner that  the  preservative  is  necessarily  removed 
mechanically,  or  by  maceration  in  water,  or 
otherwise,  and  directions  for  the  removal  of 
said  preservatives  shall  be  printed  on  the 
covering  of  the  package,  the  provisions  of  this 
Act  shall  be  construed  as  applying  only  when 
such  products  are  ready  for  consumption;  and 
formaldehyde,  hydrofluoric  acid,  boric  acid. 


14 


salicylic  and  all  compounds  and  derivatives 
thereof  are  hereby  declared  unwholesome  and 
injurious. 

Sixth — If  it  consists  in  whole  or  in  part  of 
a filthy,  decomposed  or  putrid,  infected,  tainted 
or  rotten  animal  or  vegetable  substance  or 
article,  or  any  portion  of  an  animal  unfit  for 
food,  whether  manufactured  or  not,  or  if  it  is 
the  product  of  a deceased  animal,  or  one  that 
has  died  otherwise  than  by  slaughter. 

§ 9.  Misbranded  defined.]  The  term  “mis- 
branded” as  used  herein,  shall  apply  to  all  arti- 
cles of  food  or  drink,  or  articles  which  enter 
into  the  composition  of  food  or  drink,  the  pack- 
ages or  labelfs]  of  .which  shall  bear  any  state- 
ment, design,  or  device  regarding  such  article, 
or  the  ingredients  or  substance  contained  there- 
in which  shall  be  false  or  misleading  in  any 
particular;  and  to  any  such  products  which  are 
falsely  branded  as  to  manufacturer,  packer,  or 
dealer  who  sells  the  same  or  as  to  the  state, 
territory,  or  country  in  which  it  is  manufac- 
tured or  produced.  That  for  the  purpose  of 
this  Act  an  article  shall  also  be  deemed  to  be 
misbranded — 

In  case  of  food: 

First— It  it  be  an  imitation  of  or  offered  for 
sale  under  the  distinctive  name  of  another 
article. 

Second — If  it  be  labeled  or  branded  so  as  to 
deceive  or  mislead  the  purchaser,  or  purports 
to  be  a foreign  product  when  not  so,  or  if  the 
contents  of  a package  as  originally  put  up  shall 
have  been  removed  in  whole  or  in  part  and 
other  contents  shall  have  been  placed  in  such 
package,  or  if  it  shall  fail  to  bear  a statement 
on  the  label  of  the  quantity  or  proportion  of 
any  morphine,  opium,  cocaine,  heroin,  alpha 
or  beta  eucaine,  chloroform,  canabis  indica, 


15 


chloral  hydrate,  or  acetanilid,  or  any  derivative 
or  preparation  of  any  such  substances  con- 
tained therein. 

Third — If  in  any  package  form  and  the  con- 
tents are  stated  in  terms  of  weight  or  measure, 
they  are  not  correctly  and  plainly  stated  on  the 
outside  of  the  package. 

Fourth — If  it  be  a manufactured  article  of 
food  or  food  sold  in  package  form,  and  is  not 
distinctly  labeled,  marked  or  branded  with  the 
true  name  of  the  article,  and  with  either  the 
name  of  the  manufacturer  and  place  of  manu- 
facture, or  the  name  and  address  of  the  packer 
or  dealer  who  sells  the  same. 

Fifth — If  the  package  containing  it  or  its 
label  shall  bear  any  statement,  design  or  device 
regarding  the  ingredients  of  the  substance  con- 
tained therein,  which  statement,  design  or 
device  shall  be  false  or  misleading  in  any  par- 
ticular: Provided , that  an  article  of  food 
which  does  not  contain  any  added  poisonous 
or  deleterious  ingredients  shall  not  be  deemed 
to  be  adulterated  or  misbranded  in  following 
cases: 

First — In  case  of  mixtures  or  compounds 
which  may  now  or  from  time  to  time  hereafter 
known  as  articles  of  food  under  their  own 
distinctive  names,  and  not  an  imitation  of  or 
offered  for  sale  under  the  distinctive  name  of 
another  article,  if  the  name  be  accompanied  on 
the  same  label  or  brand  with  a statement  of 
the  place  where  the  article  has  been  manufac- 
tured or  produced. 

Second — In  case  of  articles  labeled,  branded 
or  tagged  so  as  to  plainly  indicate  that  they 
are  compounds,  imitations  or  blends,  and  the 
word  “compound,”  “imitation”  or  “blend,”  as 
the  case  may  be,  is  plainly  stated  on  the  pack- 
age in  which  it  is  offered  for  sale : Provided r 


16 


that  the  term  “blend,”  as  used  herein,  shall  be 
construed  to  mean  a mixture  of  like  substances, 
not  excluding  harmless  coloring  or  flavoring 
ingredients  used  for  the  purpose  of  coloring 
and  flavoring  only.;  and  as  applied  to  alcoholic 
beverages,  only  those  distilled  spirits  shall  be 
regarded  as  “like  substances”  which  are  dis- 
tilled from  the  fermented  mash  of  grain  and 
are  of  the  same  alcoholic  strength:  And  pro- 
vided, further , that  nothing  in  this  Act  shall  be 
construed  as  requiring  or  compelling  proprie- 
tors or  manufactures  of  proprietary  foods, 
which  contain  no  unwholesome  added  ingre- 
dients to  disclose  their  trade  formulas,  except 
in  so  far  as  the  provisions  of  this  Act  may  re- 
quire to  secure  freedom  from  adulteration  or 
misbranding. 

Third — In  the  case  of  mixtures  of  corn  syrup 
(glucose)  or  corn  sugar  (dextrose)  or  corn 
sugar  syrup,  with  cane  or  beet  sugar  (sucrose) 
or  cane  or  beet  sugar  syrup,  in  food,  if  the 
maximum  percentage  of  corn  syrup  (glucose) 
or  corn  sugar  (dextrose)  or  corn  sugar  syrup, 
in  such  article  of  food  be  plainly  stated  on  the 
label. 

§ 10.  Condemnation  and  confiscation  of 

MISBRANDED  OR  ADULTERATED  FOODS.]  Any  article 

of  food  or  drink  or  liquor. that  is  adulterated  or 
misbranded  within  the  meaning  of  this  Act,  or 
that  is  made,  labeled  or  branded  contrary  to 
the  provision  of  this  Act,  or  that  does  not  con- 
form to  the  definition  or  analytical  require- 
ments provided  in  this  Act,  and  is  being  sold  or 
offered  for  sale  or  exposed  for  sale  within  the 
State  of  Illinois,  shall  be  liable  to  be  proceeded 
against  in  any  court  of  record  or  before  any 
judge  therof,  or  before  any  justice  of  the  peace 
within  whose  jurisdiction  the  same  may  be 
found,  and  seized  for  condemnation  and  confls* 


17 


nation;  and  authority  and  jurisdiction  are  here- 
3y  vested  in  the  several  courts  of  record,  the 
judges  thereof  in  vacation,  and  the  several 
justices  of  the  peace,  to  issue  the  warrant  and 
to  hear  and  determine  the  proceedings  herein 
provided  for.  Such  proceedings  shall  be  by 
complaint,  verified  by  affidavit,  and  in  the  name 
of  the  People  of  the  State  of  Illinois  against 
the  article  or  articles  proceeded  against,  partic- 
ularly describing  the  same,  the  place  where 
they  are  located,  the  name  of  the  person,  firm 
or  corporation  in  whose  possession  they  are 
found,  and  wherein  they  violate  the  provisions 
of  this  Act.  Thereupon  said  court,  judge  or 
justice  of  the  peace  shall  issue  a warrant  direc- 
ted to  the  sheriff,  bailiff  or  any  constable  of  the 
county,  commanding  such  officer  to  seize  and 
take  into  his  possession  the  article  or  articles 
described  in  the  complaint,  and  bring  the  same 
before  the  court,  judge  or  justice  of  the  peace 
who  issued  the  warrant,  and  to  summon  the 
person,  firm  or  corporation  named  in  the  war- 
rant, and  any  other  person  who  may  be  found 
in  possession  of  the  said  articles  to  appear  at 
the  time  and  place  therein  specified,  which  ser- 
vice shall  be  made  in  the  same  manner  as  ser- 
! vice  or  process  in  civil  cases  in  such  court  or 
before  such  justice  of  the  peace.  The  hearing 
upon  such  complaint  shall  be  at  the  time  and 
place  specified  in  the  warrant,  which  time  shall 
be  not  less  than  five  (5)  days  nor  more  than 
fifteen  (15)  days  from  the  date  of  issuing  the 
warrant:  Provided,  that  if  the  execution  and 
service  of  the  warrant  as  aforesaid  is  had  less 
than  three  (3)  days  before  the  return  day  of 
the  warrant,  then  the  claimant  shall  be  entitled 
to  a reasonable  continuance.  Upon  the  hearing 
1 the  complaint  may  be  amended;  and  any  per* 

—2  F L 


18 


son,  firm  or  corporation  that  appears  and 
claims  the  said  article  or  articles  shall  be  re- 
quired to  file  its  claim  in  writing.  Except  as 
herein  provided,  the  proceedings  shall  conform 
as  near  as  may  be  to  the  proceedings  upon 
search  warrants,  except  that  either  party  may 
demand  a trial  by  jury  upon  any  issue  of  fact 
joined  in  any  such  case.  And  if  such  article  is 
condemned  as  being  adulterated  or  misbranded, 
or  of  a poisonous  or  deleterious  character  with- 
in the  meaning  of  this  Act,  or  as  made,  labeled 
or  branded  contrary  to  the  provisions  of  this 
Act,  or  as  not  conforming  to  the  definition  or 
analytical  requirements  provided  in  this  Act, 
the  same  shall  be  confiscated  and  disposed  of 
by  destruction  or  sale,  as  the  court,  judge  or 
justice  of  the  peace  may  direct,  and  the  pro- 
ceeds thereof,  if  sold,  less  the  legal  costs  and 
charges,  shall  be  paid  into  the  treasury  of  the 
State  of  Illinois,  but  such  article  shall  in  no 
instance  be  sold  contrary  to  the  provisions  of 
this  Act:  Provided , however,  that  upon  the 
payment  of  - the  costs  of  such  proceedings  and 
the  execution  and  delivery  of  a good  and  suffi- 
cient bond  to  the  State  Food  Commissioner  for 
the  use  of  the  People  of  the  State  of  Illinois,  to 
the  effect  that  such  articles  shall  not  be  sold  or 
otherwise  disposed  of  contrary  to  the  provi- 
sions of  this  Act,  the  court  may,  by  order, 
direct  that  such  articles  be  delivered  to  the 
owner  thereof. 

§ 11.  Vinegar  to  be  branded.]  All  vinegar 
made  by  fermentation  and  oxidation  without 
the  intervention  of  distillation,  shall  be  branded 
with  the  name  of  the  fruit  or  substance  from 
which  the  same  is  made.  All  vinegar  made 
wholly  or  in  part  from  distilled  liquor  shall  be 
branded  “distilled  vinegar,”  and  shall  not  be 
colored  in  imitation  of  cider  vinegar.  All 


19 


inegar  shall  be  made  wholly  from  the  fruit  or 
rain  from  which  it  purports  to  be  or  is  repre- 
ssed to  be  made,  shall  contain  no  foreign  sub- 
tance,  and  shall  contain  not  less  than  four  per 
ent,  by  weight,  of  absolute  acetic  acid.  Any 
inegar  made  or  manufactured  contrary  to  the 
rovisions  of  this  section  shall  be  deemed  to 
e adulterated  within  the  meaning  of  this  Act. 
Lny  vinegar  which  is  not  branded  as  herein 
.rovided  shall  be  deemed  to  be  misbranded 
Shin  the  meaning  of  this  Act. 

§ 12.  Extracts  to  be  labeled.]  Extracts 
nade  of  more  than  one  principle  shall  be 
abeled  in  a conspicuous  manner  with  the  name 
)f  each  principle,  or  else  with  the  name  of  the 
nferior  or  adulterant;  and  in  all  cases  when 
tn  extract  is  labeled  with  two  or  more  names, 
;uch  names  must  be  in  a conspicuous  place  on 
said  label,  and  in  no  instance  shall  such  mix- 
;ure  be  called  imitation,  artificial  or  compound, 
md  the  name  of  one  of  the  articles  used  shall 
lot  be  given  greater  prominence  than  another: 
Provided,  that  all  extracts  which  cannot  be 
nade  from  the  fruit,  berry,  bean  or  other  part 
if  the  plant,  and  must  necessarily  be  made 
irtificially,  as  raspberry,  strawberry,  etc.,  shall 
be  labeled  “imitation”  in  letters  similar  in  size 
and  immediately  preceding  the  name  of  the 
article:  Provided,  further,  that  prepared  cocoa- 
nut,  containing  nothing  other  than  cocoanut, 
sugar  and  glycerine,  shall  be  labeled  as  pre- 
pared cocoanut,  and  when  so  made  need  not 
be  labeled  “compound”  or  “mixture.”  Any 
such  extract  not  labeled  as  herein  provided  for 
shall  [be]  deemed  to  be  misbranded  within  the 
meaning  of  this  Act. 

§ 13.  Baking  powder — how  labeled.]  No 
person  by  himself,  his  servvant  or  his  agent,  or 
as  the  servant  of  any  other  person,  shall,  first, 


20 


make  or  manufacture  baking  powder  or  any 
other  mixture  or  compound  intended  for  use  as 
baking  powder;  second,  or  sell,  or  exchange, 
deliver  or  offer  for  sale  or  exchange  such  bak- 
ing powder  or  any  mixture  or  compound  in- 
tended for  use  as  baking  powder,  unless  the 
same  shall  contain  not  less  than  ten  per  cent 
available  carbon  dioxide  and  unless  the  com- 
mon names  of  all  the  ingredients  be  printed 
on  the  label. 

§ 14.  Adulterated,  spirituous,  malt  or 
vinous  liquors  prohibited.]  No  person  shall, 
within  this  State,  by  himself,  his  servant  or 
agent,  or  as  a servant  or  agent  of  any  other 
person  or  corporation,  manufacture,  brew, 
distill,  have  or  offer  for  sale,  or  sell  any  spiri- 
tuous or  fermented  or  malt  liquor,  containing 
any  drug,  substance  or  ingredient  not  healthful 
or  not  normally  existing  in  said  spirituous, 
fermented  or  malt  liquor,  or  which  may  be 
deleterious  or  detrimental  to  health  when  such 
liquors  are  used  as  a beverage,  and  the  follow- 
ing drugs,  substances  or  ingredients  shall  be 
deemed  to  be  not  healthful  and  shall  be  deemed 
to  be  deleterious  or  detrimental  to  health 
when  contained  in  such  liquors,  to  wit:  Cocu- 
lous  indicus,  copperas,  opium,  cayenne  pepper, 
picric  acid,  Indian  hemp,  strychnine,  arsenic, 
tobacco,  darnel  seed,  extract  of  log  wood,  salts 
of  zinc  copper,  copper  or  lead,  alum,  methyl 
alcohol  and  its  derivatives  and  any  extracts  or 
compounds  of  any  of  the  above  drugs,  sub- 
stances or  ingredients  and  any  person  violat- 
ing any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a misdemeanor. 

§ 15.  Mutilating  label  prohibited.]  Who- 
ever shall  deface,  change,  erase  or  remove  any 
mark,  label  or  brand  provided  for  by  this  Act 


21 


th  intent  to  mislead,  deceive  or  to  violate 
y of  the  provisions  of  this  Act,  shall  be  held 
hie  to  the  penalties  of  this  Act. 

) 16.  Sale  of  unclean  or  unwholesome 

LK  FOR  CONSUMPTION  AND  UNSANITARY  CON- 

iners  prohibited.]  No  person;  firm  or  cor- 
ration  shall  offer  for  sale,  or  sell  to  any  per- 
i,  firm  or  corporation,  creamery  or  cheese  fae- 
ry, any  unclean,  unhealthful,  unwholesome 
adulterated  milk  or  cream  or  any  milk  or 
^am  which  has  not  been  well  cooled  or  to 
iich  water  or  any  foreign  substance  has  been 
ded,  or  milk  or  cream  which  has  been  han- 
ed  or  transported  in  unclean  or  unsanitary 
ssels  or  containers:  Provided,  that  nothing 
this  section  shall  be  construed  to  prevent 
e sale  of  skim  milk  to  factories  engaged  in 
e manufacture  of  skim  milk  products,  nor 
e sale  of  skim  milk  under  the  provisions  of 
ction  19  of  this  Act. 

§ 17.  Persons  receiving  milk  to  wash 
lns.]  Any  person,  firm  or  corporation  who 
reives  from  any  other  person,  firm  or  cor- 
>ration,  any  milk  or  cream  in  cans,  bottles  or 
jssels  which  have  been  transported  over  any 
diroad  or  boat  line,  where  such  can,  bottles 
• vessels  are  to  be  returned,  shall  cause  the 
dd  cans,  bottles  or  vessels  to  be  emptied  be- 
ire  the  said  milk  or  cream  contained  therein 
lall  become  sour,  and  shall  cause  said  cans, 
Dttles  or  vessels  to  be  immediately  washed 
id  thoroughly  cleansed  and  aired. 

§ 18.  Not  to  manufacture  food  from  im- 

JRE  OR  UNCLEAN  MILK  OR  CREAM.]  No  person, 

rm  or  corporation  shall  manufacture  from  un- 
:ean,  impure,  unhealthful  or  unwholesome 
iilk,  or  from  cream  from  the  same,  any  article 
c food. 


22 


§ 19.  Sale  of  skim  milk  — cans  — how 
labeled.]  No  person,  firm  or  corporation  shall 
sell,  or  expose  for  sale,  or  have  in  his  posses 
sion  with  intent  to  sell,  in  any  store  or  place 
of  business,  or  on  any  wagon  or  other  vehicle, 
used  in  transporting  milk  from  which  cream 
has  been  removed,  any  such  milk  or  milk  com- 
monly called  “skim  milk”  without  first  attach- 
ing to  the  can,  vessel  or  other  package  contain- 
ing said  milk,  a tag  with  the  words  “skim 
milk”  printed  on  both  sides  of  the  said  tag  in 
large  letters,  each  letter  being  at  least  three- 
fourths  of  an  inch  high  and  one-half  inch  wide. 
Said  tag  shall  be  attached  to  the  top  or  side  of 
said  can,  vessel  or  package  where  it  can  be 
easily  seen. 

§ 20.  Instruments  for  measuring  milk  and 
cream  standard.]  The  State  standard  milk 
measure  or  pipettes  shall  have  for  milk  a 
capacity  of  seventeen  and  six-tenths  cubic 
centimeters,  and  the  State  standard  test  tube 
or  bottles  for  milk  shall  have  a capacity  of 
two  cubic  centimeters  at  a temperature  of 
sixty  degrees  Fahrenheit  between  “zero”  and 
ten  on  the  graduated  scale  marked  on  the 
necks  thereof.  For  cream  nine  or  eighteen 
grams  shall  be  used,  and  the  standard  test 
tubes  or  bottles  for  cream  shall  have  a capacity 
of  three  or  six  cubic  centimeters,  respectively, 
at  a temperature  of  sixty  degrees  Fahrenheit 
between  “zero”  and  thirty  on  the  graduated 
scale  marked  on  the  necks  thereof,  and  it  is 
hereby  made  a misdemeanor  to  use  any  other 
measure,  pipette,  test  tubes  or  bottle  to  deter- 
mine the  per  cent  of  butter  fat  where  milk  or 
cream  is  purchased  by,  or  furnished  to  cream- 
eries or  cheese  factories,  and  where  the  value  of 
said  milk  is  determined  by  the  per  cent  of 
butter  fat  contained  in  the  same.  Any  manu- 


23 


icturer,  merchant,  dealer,  or  agent  in  this 
tate  who  shall  offer  for  sale  or  sell  a cream 
r milk  pipette  or  measure,  test  tube  or  bottle 
hich  is  not  correctly  marked  or  graduated  as 
erein  provided,  shall  be  guilty  of  a misde- 
meanor and  upon  conviction  thereof  shall  be 
unished  as  provided  in  this  Act. 

§ 20a.  No  person  shall  operate  a milk  or 
ream  testing  apparatus  to  determine  the  per- 
entage  of  butter  fat  in  milk  or  cream  for  the 
urpose  of  purchasing  the  same  either  for  him- 
9lf  or  for  another  without  first  securing  a 
cense  from  the  dairy  and  food  commissioners 
f this  State,  authorizing  such  person  to  so 
perate  such  tester.  Any  person  desiring  to 
ecure  such  license  shall  make  application 
berefor  on  a blank  to  be  prepared  and  pro- 
dded by  the  dairy  and  food  commissioner,  and 
uch  applicant,  before  being  issued  such  license, 
hall  pass  a satisfactory  examination  in  person 
nd  prove  by  actual  demonstration  that  he  is 
Competent  and  qualified  to  properly  use  such 
ester  and  make  an  accurate  test  with  the 
ame. 

j Such  license  shall  be  issued  for  a period  .of 
wo  (2)  years  from  and  after  the  date  of  its 
ssuance  and  a fee  of  one  dollar  ($1.00)  shall 
>e  paid  for  such  license  by  the  licensee  upon 
he  issuance  thereof.  The  dairy  and  food  com- 
nissioner  for  just  cause  shall  have  authority 

0 revoke  any  license  issued  under  the  provi- 
sions of  this  Act. 

The  fees  collected  under  the  provisions  of 
his  section  shall  be  paid  into  the  State  treas- 
lry  monthly  by  the  dairy  and  food  commis- 
sioner. 

1 § 21.  Underreading  BABCOCK  test  prohib- 
ited.] It  shall  be  unlawful  for  the  owner, 
nanager,  agent,  or  any  employee  of  a creamery 


24 


or  cheese  factory  to  manipulate  or  underreat 
the  Babcock  test,  or  any  other  contrivance  usee 
for  determining  the  quality  or  value  of  milk  c 
cream  or  to  falsify  the  record  thereof,  or  t( 
pay  for  such  milk  or  cream  on  the  basis  of  am 
measurement  except  the  true  measurement  as 
thereby  determined. 

§ 22.  Sale  of  preservatives  prohibited.]  Nc 
person,  firm  or  corporation  shall  manufacture 
for  sale,  advertise,  offer  or  expose  for  sale,  01 
sell,  any  mixture  or  compound  intended  for  use 
as  a preservative  or  other  adulterant  of  milk 
cream,  butter  or  cheese,  nor  shall  he  manufac 
ture  for  sale,  advertise,  offer  or  expose  for  sale 
or  sell  any  unwholesome  or  injurious  preser 
vative  or  any  mixture  or  compound  thereoi 
intended  as  a preservative  of  any  food.  Pro 
vided,  however , that  this  section  shall  not  appl; 
to  pure  salt  added  to  butter  and  cheese. 

§ 23.  Vehicles  to  be  marked.]  Any  person 
firm  or  corporation,  who  shall  in  any  of  the 
cities,  incorporated  towns  or  villages  of  this 
State  which  contains  a population  of  5,000  or 
over,  engage  in  or  carry  on  a retail  business  in 
the  sale  or  exchange  of,  or  any  retail  traffic  in 
milk  or  cream  shall  have  each  and  every  carri 
age  or  vehicle  from  which  the  same  is  vended, 
conspicuously  marked  with  the  name  of  such 
vendor  on  both  sides  of  such  carriage  or 
vehicle. 

§ 24.  Illegal  lard.]  No  person  shall,  within 
this  State,  manufacture  for  sale,  have  in  his 
possession  with  intent  to  sell,  offer  or  expose 
for  sale,  or  sell,  as  lard,  any  substance  not  the 
legitimate  and  exclusive,  product  of  the  fat  of 
the  hog. 

§ 25.  Lard  substitute.]  No  person  shall 
manufacture  for  sale  within  this  State,  or  have 
in  his  possession  with  intent  to  sell,  offer  or 


pose  for  sale,  or  sell,  as  lard,  or  as  a substu 
:e  for  lard,  or  as  an  imitation  of  lard,  any 
xture  or  compound  which  is  designed  to  take 
3 place  of  lard  and  which  is  made  from  ani- 
il  or  vegetable  oils  or  fats  other  than  the  fat 
the  hog,  or  any  mixture  or  combination  with 
y animal  or  vegetable  oils  or  fats,  unless  the 
rce,  barrel,  tub,  pail  or  package  containing 
3 same  shall  be  distinctly  and  legibly  brand- 

I or  labeled  with  the  name  of  the  person, 
m or  corporation  making  the  same,  together 
th  the  location  of  the  manufactory  and  the 
jrds  “lard  substitute’’  or  “adulterated  lard” 

’ “compound,”  “imitation”  or  “blend,”  as  the 
se  may  be,  or  unless  the  same  shall  be  sold 
ider  its  own  distinctive  name,  as  provided  for 

section  9 of  this  Act. 

§ 26.  Persons  selling  imitation  or  substi- 

TTE  FOR  LARD  TO  INFORM  PURCHASER.]  It  Shall 

■ unlawful  to  sell  or  offer  for  sale  any  “lard 
bstitute”  or  “adulterated  lard”  or  “com- 
•und,”  “imitation”  or  “blend,”  as  herein  de- 
led, without  informing  the  purchaser  thereof, 

■ the  person  or  persons  to  whom  the  same  is 
tered  for  sale,  that  the  substance  sold  or 
fered  for  sale  is  “lard  substitute”  or  “adulter- 
ed  lard”  or  “compound,”  “imitation”  or 
llend,”  as  the  case  may  be. 

§ 27.  Sale  of  process  butter  not  branded 
iohibited.]  No  person,  firm  or  corporation, 
?ent  or  employee,  shall  manufacture  for  sale, 

II  or  offer  or  expose  for  sale,  in  this  State, 
ly  butter  that  is  produced  by  taking  original 
icking  stock  butter,  or  other  butter,  or  both, 
id  melting  same  so  that  the  butter  fat  can  be 
:awn  off  or  extracted,  then  mixing  the  said 
itter  fat  with  skimmed  milk,  or  milk,  or 
/earn,  or  other  milk  product,  and  rechurning  or 
(working  the  said  mixture,  or  that  produced  by 


26 


any  process  that  is  commonly  known  as  boilec; 
process  or  renovated  butter,  unless  the  same  is 
branded  or  marked,  as  provided  in  section  2; 
of  this  Act. 

§ 28.  Process  butter — how  branded.]  Nc 
person,  firm  or  corporation,  agent  or  employee 
shall  sell,  or  offer  or  expose  for  sale,  or  deliver 
to  a purchaser,  any  boiled,  process  or  renovated 
butter,  as  defined  in  section  27  of  this  Act  un 
less  the  words  “Renovated  Butter”  shall  to 
plainly  branded  with  gothic  or  bold  face 
letters  at  least  three-fourths'  of  an  inch  in 
length  on  the  top  and  sides  of  each  tub,  or  box. 
or  pail,  or  other  kind  of  case  or  package,  or  on 
the  wrapper  of  prints  or  rolls  or  bulk  packages 
in  which  it  is  put  up.  If  such  butter  is  exposed 
for  sale  uncovered,  or  not  in  a case  or  package, 
a placard  containing  the  label  so  printed  shall 
be  attached  to  the  mass  of  butter  in  such  a 
manner  as  to  be  easily  seen  and  read  by  the 
purchaser.  The  branding  or  marking  of  all 
packages  shall  be  in  the  English  language,  and 
in  a conspicuous  place  so  as  to  be  easily  seen 
and  read  by  the  purchaser. 

§ 29.  Ileecal  foods  to  be  seized.]  Whenever 
the  commissioner  or  his  agents  shall  have 
ground  for  suspicion  that  any  article  of  food, 
found  in  possession  of  any  person,  firm  or  cor- 
poration, is  adulterated  or  misbranded  within 
the  meaning  of  this  Act,  he  may  seize  such 
article  of  food  and  make  an  inventory  thereof, 
and  shall  leave  a copy  of  such  inventory  with 
the  party  holding  such  suspected  goods,  and  tag 
the  same  ^suspected;”  and  he  shall  notify  in 
writing  the  person,  firm  or  corporation  in 
whose  possession  it  may  be  found,  not  to  offer 
the  same  for  sale  or  sell  or  otherwise  dispose; 
of  the  same  until  further  notice  in  writing 
from  the  commissioner.  Whereupon  the  com 


27 


issioner  shall  forthwith  cause  a sample  of 
tid  article  of  food  to  he  examined  or  analyzed, 
id  if  the  same  shall  be  found  to  he  adulter- 
ed  or  misbranded  within  the  meaning  of  this 
ct,  the  commissioner’  shall  proceed  with  a 
earing  and  subsequent  proceedings  as  pro- 
dded in  this  Act.  If,  however,  such  examin- 
don  or  analysis  shall  show  that  such  article 
f food  complies  with  the  provisions  of  this 
t ct,  the  person,  firm  -or  corporation  in  whose 
ossession  such  article  of  food  is  found  shall 
forthwith  be  notified  in  writing  that  said 
eizure  is  released,  and  authority  given  to  dis- 
pose of  such  article  of  food.  Such  seizure  may 
e had  without  a warrant  and  said  commis- 
ioner,  and  all  inspectors  and  agents  appointed 
pursuant  to  law,  are  hereby  given  full  power 
nd  authority  of  “policemen.”  Any  court  hav- 
ing jurisdiction,  upon  receiving  proof  of^  prob- 
able cause  for  believing  in  the  concealment  of 
my  food  or  dairy  product  or  substitutes  there- 
!or,  or  imitation  thereof,  kept  for  sale  or  for  a 
mrpose,  or  had  in  possession  or  under  control, 
contrary  to  the  provisions  of  this  Act,  or  other 
aws  which  now  exist  or  may  be  hereafter  en- 
acted, shall  issue  a search  warrant  and  cause 
i search  to  be  made  in  any  place  therefor,  and 
[■o  that  end  may  cause  any  building,  enclosure, 
wagon  or  car  to  be  entered,  and  any  apartment, 
diest,  box,  locker,  tub,  jar,  crate,  basket  or 
package  to  be  broken  open  and  the  contents 
.hereof  examined. 

§ 30.  Search  warrants  to  be  issued  for 
illegal  food.]  All  warrants  issued  pursuant  to 
section  29  hereof  shall  be  directed  to  the 
sheriff,  bailiff  or  some  constable  of  the  county 
where  such  food  or  dairy  products  may  be  sup- 
posed to  be  concealed,  commanding  such  officer 
to  search  the  house  or  place  where  such  food  or 


28 


dairy  product,  or  substitute  thereof,  or  imii; 
tion  thereof  for  which  he  is  required  to  searc 
is  believed  to  be  concealed,  which  place  and  tt 
property  to  be  searched  for,  shall  be  designate 
in  the  warrant,  and  to  bring  such  food  or  daii 
product  or  substitute  therefor  dr  imitatic 
thereof,  when  found,  and  the  person  in  whos 
possession  the  same  is  found,  before  the  magi 
trate  who  issued  the  warrant,  or  before  son 
other  court  or  magistrate  having  jurisdictio 
of  the  case  to  be  proceeded  against  as  herei] 
before  provided  for  in  section  10  of  this  Act. 

§ 31.  State’s  attorney  to  assist.]  It  sha 
be  the  duty  of  the  State’s  Attorney  in  an 
county  of  this  State  when  called  upon  by  tlj 
commissioner  or  any  of  his  assistants,  to  rei 
der  any  legal  assistance  in  his  power  to  execut 
the  law  and  to  prosecute  cases  arising  und> 
the  provisions  of  this  Act:  Provided , that  n 
person  shall  be  prosecuted  under  the  provision 
of  this  Act  for  selling  or  offering  for  sale  an 
article  of  food  or  drugs  as  defined  herein,  whe 
the  same  is  found  to  be  adulterated  or  mi! 
branded  within  the  meaning  of  this  Act,  in  th 
original  unbroken  package  in  which  it  wa 
received  by  said  person  when  he  can  establis 
a guaranty  signed  by  the  wholesaler,  jobbei 
manufacturer  or  other  party  residing  in  thi 
State,  from  whom  he  purchased  such  article,  t 
the  effect  that  the  same  is  not  adulterated  o 
misbranded  in  the  original  unbroken  packag 
in  which  said  article  was  received  by  sai 
dealer;  within  the  meaning  of  this  Act,  desi§ 
nating  it.  Said  guaranty  to  afford  protection 
shall  contain  the  name  and  address  of  th 
party  or  parties  making  the  sale  of  such  articl 
to  such  dealer,  and  in  such  case  said  party  o 
parties  shall  be  amenable  to  the  prosecutions 
fines  and  other  penalties  as  provided  for  in  thi 


29 


Act:  Provided,  that  no  such  guaranty  shall 
operate  as  a defense  to  prosecutions  for  the 
violation  of  this  Act.  First,  if  the  dealer  shall 
continue  to  sell  after  notice  by  the  State  Food 
Commissioner  that  such  article  is  adulterated 
>r  misbranded  within  the  meaning  of  this  Act; 
•second,  if  the  dealer  shall  fail  to  preserve  for 
;he*  manufacturer  or  guarantor  and  deliver  to 
aim  upon  demand  the  sample  left  with  him  by 
:he  commissioner  or  his  agent. 

§ 32.  State  board  of  health  to  furnish 
samples.]  The  State  Board  of  Health  may  sub- 
mit to  the  commissioner  or  any  of  his  assis- 
tants samples  of  food  or  drink  for  examination 
or  analysis,  and  shall  receive  special  reports 
showing  the  results  of  such  examination  or 
analysis. 

§ 33.  State  analyst  shall  not  furnish  cer- 
tificate of  purity.]  It  shall  be  unlawful  for 
the  State  Analyst  or  any  assistant  State 
Analyst  to  furnish  to  any  individual,  firm  or 
i corporation  any  certificate  as  to  the  purity  or 
excellence  of  any  article  manufactured  or  sold 
by  them  to  be  used  as  food  or  in  the  prepar- 
ation of  food. 

§ 34.  Using  shift  or  device.]  The  use  of 
^any  shift  or  device  to  evade  any  of  the  pro- 
visions of  this  Act  shall  be  deemed  a violation 
of  such  provision  and  punishable  as  herein 
provided. 

§ 35.  Master’s  liability,  etc.U  Whoever 
j shall,  by  himself  or  another,  either  as  principal, 
clerk  or  servant,  directly  or  indirectly,  violate 
< any  of  the  provisions  of  this  Act,  shall  be 
guilty  of  a misdemeanor  and  punished  as  here- 
in provided. 

§ 36.  Penalties,  license  fees  and  proceeds 
paid  to  the  state  treasurer.]  All  fines,  penal- 
ties, and  all  proceeds  collected  from  goods  com 


30 


fiscated  and  sold  under  the  provisions  of  this 
Act  and  other  laws  relating  to  dairy  and  food 
products,  and  all  license  fees  collected  here- 
under, shall  be  paid  into  the  State  treasury. 

§ 37.  Label — size  of  type,.]  The  principal 
label  on  any  package  of  food,  as  defined  by  thisv 
Act,  shall  be  printed  plainly  and  legibly  in 
English  with  or  without  the  foreign  label  in 
the  language  of  the  country  where  the  product 
is  produced  or  manufactured  and  the  size  of 
type,  if  not  otherwise  described  in  this  Act, 
shall  not  be  smaller  than  EIGHT-POINT 
(BREVIER)  CAPS:  Provided,  that  in  case  the 
size  of  the  package  will  not  permit  the  use  of 
eight-point  cap  type,  the  size  of  the  type  may 
be  reduced  proportionately. 

§ 38.  Food  commissioner  to  make  rules  and 
regulations.]  The  State  Food  Commissioner 
shall  make  rules  and  regulations  for  carrying 
out  the  provisions  of  this  Act,  and  shall  have 
power  to  make  rules  and  regulations  for  the 
analyzing  and  reporting  the  results  thereof,  of 
articles  submitted  for  analysis  by  the  State 
Board  of  Health,  and  regulating  the,  analyzing 
and  reporting  thereon  of  samples  taken  under 
any  law  or  laws  of  the  United  States  by  any 
person  hereunder,  or  furnished  by  any  officer 
or  employee  charged  with  the  enforcement  of 
the  laws  of  the  United  States  relative  to  the 
manufacture,  sale  or  transportation  of  adulter- 
ated, misbranded,  poisonous  or  deleterious 
foods,  dairy  products  or  articles  manufactured 
from  dairy  products  or  liquors. 

§ 39.  Standard  of  purity  and  strength.] 
In  the  enforcement  of  this  Act,  and  in  the  con- 
struction thereof,  the  following  named  articles 
of  food  stuffs,  when  offered  for  sale  or  exposed 


31 


!or  sale,  or  sold,  shall  conform  to  the  analy- 
tical requirements  set  opposite  each,  respec- 
tively. 

Milk  shall  contain  not  less  than  three  (3) 
3er  cent  of  milk  fat  and  not  less  than  eight  and 
me-half  (8.5)  per  cent  of  solids,  not  fat. 

1 Cream  shall  contain  not  less  than  eighteen 
(18)  per  cent  of  milk  fat. 

Maple  Sugar  shall  contain  not  less  than 
sixty-five  one-hundreths  (0.65)  per  cent  of 
,naple  ash  in  the  water-free  substance. 

Honey  is  laevo-rotory,  contains  not  more  than 
twenty-five  (25)  per  cent  of  water,  not  more 
than  twenty-five  hundreths  (0.25)  per  cent  of 
ash  and  not  more  than  eight  (8)  per  cent  of 
sucrose. 

Cloves  shall  contain  not  more  than  five  (5) 
per  cent  of  clove  stems,  not  less  than  ten  (10) 
per  cent  of  volatile  ether  extract,  not  less  than 
twelve  (12)  per  cent  of  quercitannic  acid,  not 
more  than  eight  (8)  per  cent  of  total  ash,  not 
more  than  five-tenths  (0.5)  per  cent  of  ash 
insoluble  in  * hydrochloric  acid,  and  not  more 
than  ten  (10)  per. cent  of  crude  fiber. 

Black  Pepper  shall  contain  not  less  than  six 
(6)  per  cent  of  nonvolatile  ether  extract,  not 
less  than  twenty-five  * (25)  per  cent  of  pepper 
starch,  not  more  than  seven  (7)  per  cent  of 
total  ash,  not  more  than  two  (2)  per  cent  of 
ash  insoluble  in  hydrochloric  acid,  and  no.t 
more  than  fifteen  (15)  per  cent  of  crude  fiber. 

Lemon  Extract  shall  contain  not  less  than 
five  (5)  per  cent  of  oil  of  lemon  by  volume. 

Orange  Extract  shall  contain  not  less  than 
five  (5)  per  cent  of  oil  of  orange  by  volume. 

Vanilla  Extract  shall  contain  in  one  hundred 
(100)  cubic  centimeters  the  soluble  matters 
from  not  less  than  ten  (10)  grams  of  vanilla 
bean. 


32 


Olive  Oil  has  a refractive  index  (25°  G.)  not 
less  than  one  and  forty-six  hundred  and  sixty 
ten  thousands  (1.4660)  and  not  exceeding  one 
and  forty-six  hundred  and  eighty  ten  thou- 
sandths (1.4680),  and  an  iodin  number  not  less 
than  seventy-nine  (79)  and  not  exceeding 
ninety  (90). 

All  Vinegars  shall  contain  four  (4)  grams  of 
acetic  acid  in  one  hundred  (100)  cubic  centi- 
meters (20°  C.) . 

Cider  Vinegar  shall  contain  not  less  than 
six-tenths  (0.6)  grams  of  apple  solids,  and 
not  less  than  twenty-five  hundreths  (0.25) 
grams  of  apple  ash  in  one  hundred  (100)  cubic 
centimeters  (20°  C.). 

Wine  Vinegar  shall  contain  not  less  than  one 
(1)  gram  of  grape  solids  and  not  less  than 
thirteen-hundredths  (0.13)  gram  of  grape  ash 
in  one  hundred  cubic  centimeters  (20°  C.). 

Malt  Vinegar  shall  contain  in  one  hundred 
(100)  cubic  centimeters  (20°  C.)  not  less  than 
two  (2)  grams  of  solids  and  not  less  than  two- 
tenths  .(0.2)  gram  of  ash. 

In  the  enforcement  of  this  Act  and  the  con- 
struction thereof  all  articles  of  food  not  defined 
in  this  Act,  when  offered  for  sale  or  exposed 
for  sale,  or  sold,  shall  conform  to  the  definition 
and  analytical  requirements  of  the  standard 
adopted  and  promulgated  from  time  to  time  by 
the  State  Food  Standard  Commission:  Pro- 
vided, such  standards  for  any  article  of  food  or 
drink,  or  for  any  substance  used  or  intended 
to  be  used  in  food  or  drink  shall  be  deemed 
prima  facie  evidence  of  the  proper  standard  of 
quality,  purity  and  strength  of  any  such 
article  or  substance,  but  shall  only  be  deemed 
such  prima  facie  evidence  in  the  trial  of  cases 
brought  in  the  proper  courts  to  enforce  the 
provisions  of  this  Act:  Provided,  that  nothing 


33 


in  this  section  shall  be  construed  to  prevent 
the  sale  of  any  wholesome  food  product  which 
varies  from  such  standards,  if  such  articles  of 
food  be  labeled  so  as  to  clearly  indicate  such 
variation. 

§ 39a.  Whoever  offers  for  sale,  exposes  for 
sale,  or  sells  any  article  of  food  which  does  not 
conform  to  the  definition  or  analytical  require- 
ments provided  for  in  section  39  of  this  Act 
shall  be  guilty  of  a misdemeanor  and  shall  he 
punished  as  herein  provided. 

§ 40.  Preliminary  hearing  by  the,  commis- 
sioner.] When  it  appears  from  the  examin- 
ation or  analysis  that  the  provisions  of  this  Act 
have  been  violated,  the  Food  Commissioner 
shall  cause  notice  of  such  fact  together  with  a 
copy  of  the  findings,  to  be  given  to  the  party 
or  parties  from  whom  the  sample  was  obtained; 
and  to  the  party,  if  any,  whose  name  appears 
upon  the  label  as  manufacturer,  packer,  whole- 
saler, retailer,  or  other  dealer,  by  registered 
mail.  The  receipt  of  the  postoffice  department 
for  such  registered  notice  shall  be  received  as 
prima  facie  evidence  that  such  notice  has  been 
given.  The  party,  or  parties,  so  notified,  shall 
be  given  an  opportunity  to  be  heard  under  such 
rules  and  regulations  as  may  be  prescribed  as 
aforesaid.  Notices  shall  specify  the  date,  hour 
and  place  of  the  hearing.  The  hearing  shall  be 
private,  and  the  parties  interested  therein  may 
appear  in  person  or  by  attorney.  If,  after  such 
hearing,  the  Commissioner  shall  believe  this 
Act  has  been  violated,  he  shall  cause  the  party 
or  parties  whom  he  believes  to  be  guilty,  to  be 
prosecuted  forthwith,  under  the  provisions  of 
this  Act.  No  action  or  prosecution  shall  be  in- 
stituted against  any  person  for  a violation  of 


-3PL 


the  pravisioiis  of  this  Act,  unless  the  same  shall 
have  been  commenced  within  six  months  from 
the  taking  of  said  sample. 

§ 41.  Penalty.  Any  person  convicted  of 
violating  any  of  the  provisions  of  the  foregoing 
Act  shall,  for  the  first  offense,  be  punished  by 
fine  in  any  sum  not  less  than  fifteen  (15)  dol- 
lars, and  not  more  than  one  hundred  (100)  dol- 
lars, or  by  imprisonment  in  the  county  jail  not 
exceeding  thirty  days,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court, 
and  for  the  second  and  each  subsequent  offense 
by  a fine  of  not  less  than  twenty-five  (25)  dol- 
lars and  not  more  than  two  hundred  (200)  dol- 
lars, or  by  imprisonment  in  the  county  jail  not 
exceeding  one  year,  or  both,  in  the  discretion 
of  the  court;  or  the  fine  above  may  be  sued  for 
and  recovered  before  any  justice  of  the  peace 
or  any  other  court  of  competent  jurisdiction  in 
the  county  where  the  offense  shall  have  been 
committed,  at  the  instance  of  the  State  Pood 
Commissioner  or  any  other  person  in  the  name 
of  the  People  of  the  State  of  Illinois  as  plain- 
tiff and  shall  be  recovered  in  an  action  of  debt. 

§ 42.  Judgment — issuing  capias.]  When 
the  rendition  of  the  judgment  imposes  a fine 
as  provided  in  any  of  the  sections  of  this  Act, 
it  shall  be  the  duty  of  the  justice  of  the  peace 
or  other  court  rendering  such  judgment  also  to 
render  a judgment  for  costs  and  such  justice 
of  the  peace  or  other  court  shall  forthwith  issue 
a capias  or  warrant  of  commitment  against  the 
body  of  the  defendant,  commanding  that  un- 
less the  said  fine  and  costs  be  forthwith  paid 
the  defendant  shall  be  committed  to  the  jail  of 
the  county  and  the  constable  or  other  officer, 
to  whose  hands  said  capias  or  warrant  shall 
come,  shall  in  default  of  such  payment,  arrest 
the  defendant  and  commit  him  to  the  jail  of 


35 


the  county,  there  to  remain  as  provided  in 
section  171  of  “An  Act  to  revise  the  law  in  re- 
lation to  criminal  jurisprudence,”  in  force 
July  1,  1885,  unless  such  fine  and  costs  shall 
sooner  be  paid. 

§ 43.  Repeal.]  All  Acts  and  parts  of  Acts 
inconsistent  with  this  Act  are  hereby  repealed: 
Provided , that  nothing  in  this  Act  contained 
shall  he  construed  as  repealing  the  Act  entitled, 
“An  Act  to  regulate  the  manufacture  and  sale* 
of  substitutes  for  butter,”  approved  June  14, 
1897,  in  force  July  1,  1897,  or  any  part  thereof. 

Approved  May  14,  1907,  in  force  July  1,  1907. 

Amendment  to  section  39,  approved  June  14, 
1909,  in  force  July  1,  1909. 

Sections  20a  and  39a  and  amendments  to  sec- 
tions 1,  3,  4,  9,  10,  11,  12,  20,  21  and  40,  approved 
June  6,  1911,  in  force  July  1,  1911. 


36 


SANITARY  FOOD  LAW. 


An  Act  to  prevent  the  preparation , manufac - 
. ture,  packing , storing , or  distributing  of  food 
intended  for  sale , or  saZe  0/  food  under  in- 
sanitary, unhealthful  or  unclean  conditions  or 
surroundings,  to  create  a sanitary  inspection , 
to  declare  that  such  conditions  shall  consti- 
tute a nuisance,  and  to  provide  for  the  en- 
forcement thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the 
of  the  State  of  Illinois,  represented  in  the  Gen- 
eral Assembly : That  every  building,  room, 
basement,  enclosure  or  premises,  occupied,  used 
or  maintained  as  a bakery,  confectionery,  can- 
nery, packing  house,  slaughter  house,  creamery, 
cheese  factory,  restaurant,  hotel,  grocer,  meat 
market,  or  as  a factory,  shop,  warehouse,,  any 
public  place  or  manufacturing  establishment 
used  for  the  preparation,  manufacture,  packing, 
storage,  sale  or  distribution  of  any  food  as 
defined  by  statute,  which  is  intended  for  sale, 
shall  be  properly  and  adequately  lighted, 
drained,  plumbed  and  ventilated,  and  shall  be 
conducted  with  strict  regard  to  the  influence  of 
such  conditions  upon  the  health  of  the  oper- 
atives, employees,  clerks,  or  other  persons 
therein  employed,  and  the  purity  and  whole- 
someness of  the  food  therein  produced,  pre- 
pared, manufactured,  packed,  stored,  sold  or 
distributed. 

§ 2.  The  floors,  sidewalls,  ceilings,  furni- 
ture, receptacles,  implements  and  machinery  of 
every  such  establishment  or  place  where  such 


37 


food  intended  for  sale  is  produced,  prepared, 
manufactured,  packed,  stored,  sold  or  distrib- 
uted, and  all  cars,  trucks  and  vehicles  used  in 
the  transportation  of  such  food  products,  shall 
at  no  time  be  kept  or  permitted  to  remain  in  an 
unclean,  unhealthful  or  insanitary  condition; 
and  for  the  purpose  of  this  Act,  unclean,  un- 
healthful and  insanitary  conditions  shall  be 
deemed  to  exist  if  food  in  the  process  of  pro- 
duction, preparation,  manufacture,  packing,  stor- 
ing, sale,  distribution  or  transportation  is  not 
securely  protected  from  flies,  dust,  dirt,  and  as 
far  as  may  be  necessary,  by  all  reasonable 
means,  from  all  other  foreign  or  injurious  con- 
tamination; or  if  the  refuse,  dirt  or  waste  pro- 
ducts subject  to  decomposition  and  fermenta- 
tion incident  to  the  manufacture,  preparation, 
packing,  storing,  selling,  distributing  or  trans- 
portation of  such  food  are  not  removed  daily, 
or  if  all  trucks,  trays,  boxes,  buckets  or  other 
receptacles,  or  the  shutes,  platforms,  racks, 
tables;  shelves,  and  knives,  saws,  cleavers  or 
other  utensils,  or  the  machinery  used  in  moving, 
handling,  cutting,  chopping,  mixing,  canning  or 
other  processes  are  not  thoroughly  cleaned 
daily;  or  if  the  clothing  of  operatives,  em- 
ployees, clerks  or  other  person  therein  em- 
ployed, is  unclean. 

§ 3.  The  sidewalls  and  ceilings  of  every 
bakery,  confectionery,  creamery,  cheese  factory, 
and  hotel  or  restaurant  kitchen  shall  be  so  con- 
structed that  they  can  easily  be  kept  clean;  and 
every  building,  room,  basement,  or  inclosure 
occupied  or  used  for  the  preparation,  manufac- 
ture, packing,  storage,  sale  or  distribution  of 
food  shall  have  an  impermeable  floor  made  of 
cement  or  tile  laid  in  cement,  brick,  wood  or 
other  suitable  material  which  can  be  flushed 
and  washed  clean. with  water. 


38 


§ 4.  All  such  factories,  buildings,  and  other 
places  containing  food,  shall  be  so  provided 
with  proper  doors  and  screens  adequate  to  pre- 
vent contamination  of  the  product  from  flies. 

§ 5.  Every  such  building,  room,  basement, 
inclosure,  or  premises  occupied,  used  or  main- 
tained for  the  production,  preparation,  manu- 
facture, canning,  packing,  storage,  sale  or  dis- 
tribution of  such  food,  shall  have  adequate  and 
convenient  toilet  rooms,  lavatory  or  lavatories. 
The  toilet  rooms  shall  be  separate  and  apart 
from  the  room  or  rooms  where  the  process  of 
production,  preparation,  manufacture,  packing, 
storing,  canning,  selling  and  distributing  is 
conducted.  The  floors  of  such  toilet  rooms  shall 
be  of  cement,  tile,  wood,  brick  or  other  non- 
absorbent material,  and  shall  be  washed  and 
scoured  daily.  Such  toilet  or  toilets  shall  be 
furnished  with  separate  ventilating  flues  and 
pipes  discharging  into  soil  pipes  or  shall  be  on 
the  outside  of  and  well  removed  from  the  build- 
ing. Lavatories  and  wash  rooms  shall  be  ad- 
jacent to  toilet  rooms,  or  when  the  toilet  is  out- 
side of  the  building,  the  wash  room  shall  be 
near  the  exit  to  the  toilet  and  shall  be  sup- 
plied with  soap,  running  water  and  towels  and 
shall  be  maintained  in  a sanitary  condition. 

§ 6.  If  any  such  building,  room,  basement, 
inclosure  or  premises  occupied,  used  or  main- 
tained for  the  purposes  of  the  aforesaid,  or  if 
the  floors,  sidewalls,  ceilings,  furniture,  recep- 
tacles, implements,  appliances  or  machinery  of 
any  such  establishment,  shall  be  constructed, 
kept,  maintained,  or  permitted  to  remain  in  a 
condition  contrary  to  any  of  the  requirements 
or  provisions  of  the  preceding  five  (5)  sections 
of  this  Act,  the  same  is  hereby  declared  a nui- 
sance, and  any  toilet,  toilet  room,  lavatory  or 
wash  room  as  aforesaid,  which  shall  be  con- 


structed,  kept,  maintained  or  permitted  to  re- 
main in  a condition  contrary  to  the  require- 
ments or  provisions  of  section  five  (5)  of  this 
Act,  is  hereby  declared  a nuisance;  and  any  car, 
truck,  or  vehicle  used  in  the  moving  or  trans- 
portation of  any  food  product  as  aforesaid, 
which  shall  be  kept  or  permitted  to  remain  in 
an  unclean,  unhealthful  or  insanitary  condition 
is  hereby  declared  a nuisance.  Whoever  unlaw- 
fully maintains,  or  allows  or  permits  to  exist 
a nuisance  as  herein  defined  shall  bo  guilty  of 
a misdemeanor,  and,  on  conviction  thereof,  shall 
be  punished  as  herein  provided. 

§ 7.  Every  person,  firm  or  corporation  oper- 
ating or  maintaining  an  establishment  or  place 
where  food  is  produced,  prepared,  manufac- 
tured, packed,  stored,  sold  or  distributed  shall 
provide  the  necessary  cuspidors  for  the  use  of 
the  operatives,  employees,  clerks,  and  other  per- 
sons and  each  cuspidor  shall  be  thoroughly 
emptied  and  washed  out  daily  with  water  or  a 
disinfectant  solution,  and  five  ounces  thereof 
shall  be  left  in  each  cuspidor  while  it  is  in 
use.  Whoever  fails  to  observe  the  provisions  of 
this  section  shall  be  guilty  of  a misdemeanor, 
and  punished  as  hereinafter  provided. 

§ 8.  No  operative,  employee,  or  other  persons  . 
shall  expectorate  on  the  food  or  on  the  utensils 
or  on  the  floors  or  sidewalls  of  any  building, 
room,  basement  or  cellar  where  the  production, 
preparation,  manufacture,  packing,  storing  or 
sale  of  any  such  food  is  conducted.  Operatives, 
employees,  clerks,  and  all  other  persons  who 
handle  the  material  from  which  such  food  is 
prepared  or  the  finished  product,  before  begin- 
ning work,  or  after  visiting  toilet  or  toilets,  shall 
wash  their  hands  thoroughly  in  clean  water. 
Whoever  fails  to  observe  or  violates  the  pro- 


40 


visions  of  this  section  shall  be  guilty  of  a mis- 
demeanor and  punished  by  a fine  of  not  more 
than  twenty-five  dollars. 

§ 9.  It  shall  be  unlawful  for  any  person  to 
sleep,  or  to  allow  or  permit  any  person  to  sleep 
in  any  work  room  of  a bake  shop,  kitchen,  din- 
ing room,  confectionery,  creamery,  cheese  fac- 
tory or  any  place  where  food  is  prepared  for 
sale,  served  or  sold,  unless  all  foods  therein 
handled  are  at  all  times  in  hermetically  sealed 
packages. 

§ 10.  It  shall  be  unlawful  for  an  employer 
to  require,  suffer  or  permit  any  person  who  is 
affected  with  any  contagious  or  venereal  disease 
to  work,  or  for  any  person  so  affected  to  work, 
in  a building,  room,  basement,  inclosure,  prem- 
ises or  vehicle  occupied  or  used  for  the  produc- 
tion, preparation,  manufacture,  packing,  stor- 
age, sale,  distribution,  or  transportation  of  food. 

§ 11.  It  shall  be  the  duty  of  the  State  Food 
Commissioner  and  those  appointed  by  him  to 
enforce  this  Act,  and  for  that  purpose  the  State 
Food  Commissioner  and  his  appointees  shall 
have  full  power  at  all  times  to  enter  every  such 
building,  room,  basement,  inclosure  or  premises 
occupied  or  used  or  suspected  of  being  occupied 
or  used  for  the  production,  preparation  or  man- 
ufacture for  sale,  or  the  storage,  sale,  distribu- 
tion or  transportation  of  such  food,  to  inspect 
the  premises  and  all  utensils,  fixtures,  furniture 
and  machinery  used  as  aforesaid;  and  if  upon 
inspection  any  such  food  producing  or  distribu- 
ting establishment,  conveyance,  or  any  employer, 
employee,  clerk,  driver,  or  other  person  is  found, 
to  be  violating  any  of  the  provisions  of  this  Act, 
or  if  the  production,  preparation,  manufacture, 
packing,  storage,  sale,  distribution  or  transpor- 
tation of  such  food  is  being  conducted  in  a man- 
ner detrimental  to  the  health  of  the  employees 


41 


and  operatives,  or  to  the  character  or  quality 
of  the  food  therein  being  produced,  manufac- 
tured, packed,  stored,  sold,  distributed  or  con- 
veyed, the  officer  or  inspector  making  the  in- 
spection or  examination  shall  report  such  con- 
ditions and  violations  to  the  State  Food  Com- 
missioner. The  State  Food  Commissioner  or 
the  Assistant  Commissioner  shall  thereupon 
issue  a written  order  to  the  person,  firm  or  cor- 
poration responsible  for  the  violation  or  con- 
dition aforesaid  to  abate  such  condition  or  vio- 
lation or  to  make  such  changes  or  improve- 
ments as  may  he  necessary  to  abate  them,  with- 
in such  reasonable  time  as  may  be  required  in 
which  to  abate  them.  Notice  of  such  order  may 
be  served  by  delivering  a copy  thereof  to  said 
person,  firm  or  corporation,  or  by  sending  a 
copy  thereof  by  registered  mail,  and  the  receipt 
thereof  through  the  postoffice  shall  be  prima 
facie  evidence  that  notice  of  said  order  has 
been  received.  Such  person,  firm  or  corporation 
shall  have  the  right  to  appear  in  person  or  by 
attorney  before  the  State  Food  Commissioner, 
or  the  person  appointed  by  him  for  such  pur- 
pose, within  the  time  limited  in  the  order,  and 
shall  be  given  an  opportunity  to  be  heard  and 
to  show  why  such  order  or  instructions  should 
not  be  obeyed.  Such  hearing  shall  be  under 
such  rules  and  regulations  as  may  be  prescribed 
by  the  State  Food  Commissioner.  If  after  such 
hearing  it  shall  appear  that  the  provisions  or 
requirements  of  this  Act  have  not  been  violat- 
ed, said  order  shall  be  rescinded.  If  it  shall 
appear  that  the  requirements  or  provisions  of 
this  Act  are  being  violated,  and  that  the  person, 
firm  or  corporation  notified  as  aforesaid  is  re- 
sponsible therefor,  said  previous  order  shall  be 
confirmed  or  amended,  as  the  facts  shall  war- 
rant, and  shall  thereupon  be  final,  but  such 


42 


additional  time  as  is  necessary  may  be  granted 
within  which  to  comply  with  said  final  order. 
If  such  person,  firm  or  corporation  is  not 
present  or  represented  when  such  final  order 
is  made,  notice  thereof  shall  be  given  as  above 
provided.  On  failure  of  the  party  or  parties  to 
comply  with  the  first  order  of  the  State  Food 
Commissioner  within  the  time  prescribed,  when 
no  hearing  is  demanded,  or  upon  failure  to 
comply  with  the  final  order,  within  the  time 
specified,  the  State  Food  Commissioner  shall 
certify  the  facts  to  the  State’s  Attorney  of  the 
county  in  which  such  violation  occurred,  and 
such  State’s  Attorney  shall' proceed  against  the 
party  or  parties  for  the  fines  and  penalties  pro- 
vided by  this  Act,  and  also  for  the  abatement 
of  the  nuisance:  Provided,  that  the  proceedings 
herein  prescribed  for  the  abatement  of  nuis- 
ances as  defined  in  this  Act  ^shall  not  in  any 
manner  relieve  the  violator  ‘from  prosecution 
in  the  first  instance  for  every  such  violation, 
nor  from  the  penalties  for  such  violation  pre- 
scribed by  section  13  of  this  Act. 

§ 12.  AH  fines  collected  under  the  provisions 
of  this  Act  shall  be  paid  into  the  county  treas- 
ury of  the  county  in  which  the  prosecution  is 
brought,  and  it  shall  be  the  duty  of  the  State’s 
Attorneys  in  the  respective  counties  to  prose- 
cute all  persons  violating  or  refusing  to  obey 
the  provisions  of  this  Act. 

§ 13.  Whoever  violates  any  of  the  provisions 
of  this  Act,  or  who  refuses  to  comply  with  any 
lawful  order  or  requirement  of  the  State  Food 
Commissioner,  duly  made  in  writing  as  pro- 
vided in  section  11  of  this  Act,  shall  be  guilty 
of  a misdemeanor  and  on  conviction  shall  be 
punished  for  the  first  offense  by  a fine  of  not 
less  than  ten  dollars  ($10.00)  nor  more  than 
two  hundred  dollars  ($200.00),  and  for  the 


43 


second  and  subsequent  offenses  by  a fine  of  not 
less  than  fifty  dollars  ($50.00)  nor  more  than 
two  hundred  dollars  ($200.00),  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  ninety 
days,  or  both,  in  the  discretion  of  the  court, 
and  each  day  after  the  expiration  of  the  time 
limit  for  abating  insanitary  conditions  and 
completing  improvements  to  abate  such  con- 
ditions, as  ordered  by  the  State  Food  Commis- 
sioner, as  aforesaid,  shall  constitute  a distinct 
and  separate  offense. 

§ 14.  All  Acts  and  parts  of  Acts  in  conflict 
with  the  provisions  of  this  Act  are  hereby  re- 
pealed. 

Approved  June  5,  1911.  In  force  July  1,  1911. 


44 


OLEOMARGARINE  LAW. 


An  Act  to  regulate  the  manufacture  and  sale 
of  substitutes  for  butter. 

Section  1.  Be  it  enacted  by  the  People  of 
the  State  of  Illinois , represented  in  the  General 
Assembly:  That  for  the  purpose  of  this  Act, 
every  article,  substitute  or  compound  or  any 
other  than  [that]  which  is  produced  from  pure 
milk  or  cream  therefrom,  made  in  the  sem- 
blance of  butter  and  designed  to  be  used  as  a 
substitute  for  butter  made  from  pure  milk  or 
its  cream,  is  hereby  declared  to  be  imitation 
butter : Provided,  that  the  use  of  salt  and 
harmless  coloring  matter  for  coloring  the  pro- 
duct of  pure  milk  or  cream  shall  not  be  con- 
strued to  render  such  product  an  imitation. 

§ 2.  No  person  shall  coat,  powder  or  color 
with  annato  or  any  coloring  matter  whatever, 
any  substances  designed  as  a substitute  for  but- 
ter, whereby  such  substitute  or  product  so 
colored  or  compounded  shall  be  made  to  resem- 
ble butter,  the  product  of  the  dairy. 

No  person  shall  combine  any  animal  fat  or 
vegetable  oil  or  other  substance  with  butter,  or 
combine  therewith,  or  with  animal  fat  or  vege- 
table oil,  or  combination  of  the  ’two,  or  with 
either  one,  any  other  substance  or  substances, 
for  the  purpose  or  with  the  effect  of  imparting 
thereto  a yellow  color  or  any  shade  of  yellow  so 
that  such  substitute  shall  resemble  yellow  or  any 
shade  of  genuine  yellow  butter,  nor  introduce 
any  such  coloring  matter  or  such  substance  or 


45 


substances  into  any  of  the  articles  of  which  the 
same  is  composed:  Provided , nothing  in  this 
Act  shall  be  construed  to  prohibit  the  use  of 
salt,  rennet  and  harmless  coloring  matter  for 
coloring  the  products  of  pure  milk  or  cream 
from  the  same. 

No  person  shall,  by  himself,  his  agent,  or 
employees  produce  or  manufacture  any  sub- 
stance in  imitation,  or  semblance  of  natural 
butter,  nor  sell  nor  keep  for  sale,  nor  offer  for 
sale  any  imitation  butter,  made  or  manufac- 
tured, compounded  or  produced  in  violation  of 
this  section,  whether  such  imitation  butter 
shall  be  made  or  produced  in  this  State  or  else- 
where. 

This  section  shall  not  be  construed  to  pro- 
hibit the  manufacture  and  sale,  under  the  regu- 
lations hereinafter  provided,  of  substances  de- 
signed to  be  used,  as  a substitute  for  butter 
and  not  manufactured  or  colored  as  herein  pro- 
vided. 

§ 3.  Every  person  who  lawfully  manufac- 
tures any  substances  designed  to  be  used  as  a 
substitute  for  butter,  shall  mark  by  branding, 
stamping  or  stenciling  upon  the  top  or  side  of 
each  box,  tub,  firkin  or  other  package  in  which 
such  article  shall  be  kept,  and  in  which  it  shall 
be  removed  from  the  place  where  it  is  produced, 
in  a clear  and  durable  manner  in  the  English 
language,  the  word  “oleomargarine, ” or  the 
word  “butterine,”  or  the  words  “substitute  for 
butter,”  or  the  words  “imitation  butter,”  in 
printed  letters  in  plain  Roman  type,  each  of 
which  shall  not  be  less  than  three-quarters  of 
an  inch  in  length. 

§ 4.  It  shall  be  unlawful  to  sell  or  offer  for 
sale  any  imitation  butter  without  informing 
the  purchaser  thereof,  or  the  person  or  persons 


46 


to  whom  the  same  is  offered  for  sale,  that  the 
substance  sold  or  offered  for  sale  is  imitation 
butter. 

§ 5.  No  person,  by  himself  or  others,  shall 
ship,  consign  or  forward  by  any  common  car- 
rier, whether  public  or  private,  any  substance 
designed  to  be  used  as  a substitute  for  butter 
unless  it  shall  be  marked  or  branded  on  each 
tub,  box,  firkin,  jar  or  other  package  containing 
the  same,  as  provided  in  this  Act,  and  unless  it 
be  consigned  by  the  carriers  and  receipted  for 
by  its  true  name:  Provided , that  this  Act  shall 
not  apply  to  any  goods  in  transit  between  for- 
eign states  across  the  State  of  Illinois. 

§ 6.  No  person  shall  have  in  his  possession 
or  under  his  control  any  substance  designed  to 
be  used  as  a substitute  for  butter,  unless  the 
tub,  firkin,  jar,  box  or  other  package  contain- 
ing the  same  be  clearly  and  durably  marked  as 
provided  in  this  Act:  Provided , that  this  sec- 
tion shall  not  be  deemed  to  apply  to  persons 
who  have  the  same  in  their  possession  for  the 
actual  consumption  of  themselves  [or]  their 
families.  Every  person  who  shall  have  posses- 
sion or  control  of  any  imitation  butter  for  the 
purpose  of  selling  the  same  which  is  not 
marked  as  required  by  the  provisions  of  this 
Act,  shall  be  presumed  to  have  known  during 
the  time  of  such  possession  or  control  the  true 
character  and  name,  as  fixed  by  this  Act,  of 
such  product. 

§ 7.  Whoever  shall  have  possession  or  con- 
trol of  any  imitation  but’ter  or  any  substance 
designed  to  be  used  as  a substitute  for  butter, 
contrary  to  the  provisions  of  this  Act,  for  the 
purpose  of  selling  the  same,  or  offering  the 
same  for  sale  shall  be  held  to  have  possession 
of  such  property  with  intent  to  use  it  in  viola- 
tion of  this  Act. 


47 


§ 8.  No  action  shall  be  maintained  on  ac- 
count of  any  sale  or  contract  made  in  violation 
of,  or  with  intent  to  violate,  this  Act,  by  or 
through  any  person  who  was  knowingly  a party 
to  such  wrongful  sale  or  contract. 

§ 9.  Whoever  shall  deface,  erase  or  remove 
any  mark  provided  by  this  Act,  with  intent  to 
mislead,  deceive  or  to  violate  any  of  the  pro- 
visions of  this  Act,  shall  be  guilty  of  a mis- 
a demeanor. 

§ 10.  Whoever  shall  violate  any  of  the  pro- 
visions of  this  Act  shall  be  punished  by  a fine 
of  not  less  than  $50  nor  more  than  $200,  or  by 
imprisonment  in  the  county  jail  not  to  exceed 
60  days  for  each  offense,  or  by  both  fine  and 
imprisonment,  in  the  discretion  of  the  court, 
or  the  fine  alone  may  be  sued  for  and  recovered 
before  any  justice  of  the  peace  in  the  county 
where  the  offense  shall  be  committed,  at  the 
instance  of  any  person  in  the  name  of  the 
People  of  the  State  of  Illinois  as  plaintiff. 

§ 11.  It  is  hereby  made  the  duty  of  the 
State’s  Attorney  of  each  county  in  this  State 
to  prosecute  all  violations  of  this  Act  upon  com- 
plaint of  any  person,  and  there  shall  be  taxed 
as  his  fees  in  the  case  the  sum  of  ten  dollars 
($10),  which  shall  be  taxed  as  costs  in  the 
case. 

Approved  June  14,  1897,  in  force  July  1,  1897. 


48 


STOCK  FOOD  LAW. 

(As  Amended  in  1911.) 


An  Act  to  regulate  the  sale  and  analysis  of 
concentrated  feeding  stuffs. 

Section  1.  Be  it  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General 
Assembly:  Every  lot  or  parcel  of  concentrated 
commercial  feed  stuffs,  as  defined  in  section  2 
of  this  Act,  used  for  feeding  farm  live  stock, 
sold  or  offered  or  exposed  for  sale  within  this 
State,  shall  have  affixed  thereto,  in  a conspic- 
uous place  on  the  outside  thereof,  a plainly 
printed  statement  in  the  English  language 
clearly  and  truly  certifying: 

(a)  The  net  weight  of  the  contents  of  the 
package,  lot  or  parcel; 

( b ) The  name,  brand  or  trade  mark; 

(c)  The  name  and  principal  address  of  the 
manufacturer  or  the  person  responsible  for 
placing  the  commodity  on  the  market; 

(d)  The  minimum  per  centum  of  crude  pro- 
tein; the  minimum  per  centum  of  crude  fat; 
and  the  maximum  percentum  of  crude  fibre; 
(to  be  determined  by  ' the  methods  adopted  by 
the  Association  of  Official  Agricultural  Chem- 
ists of  the  United  States). 

(e)  The  specific  name  of  each  ingredient 
used  in  its  manufacture.  A copy  of  said  state- 
ment shall  be  filed  with  the  State  Food  Comis- 
sioner  on  or  before  January  10th  of  each  year. 

If  the  feed  stuff  is  sold  in  bulk,  or  if  it  is 
put  up  in  packages  belonging  to  the  purchaser, 


49 


the  agent  or  dealer  shall,  upon  the  request  of 
[ the  purchaser,  furnish  him  with  the  certified 
statement  described  in  this  section. 

§ 2.  The  term  “concentrated  commercial 
feed  stuff,”  as  used  in  this  Act,  shall  include 
cotton  seed  meals,  linseed  meals,  pea  meals, 
bean  meals,  peanut  meals,  cocoanut  meals, 
gluten  meals,  gluten  feeds,  maize  feeds,  starch 
: feeds,  sugar  feeds,  sucrene  feeds,  and  all  oil 
meals  of  all  kinds,  dried  distillers’  grains,  dried 
' brewers’  grains,  dried  beef  refuse,  malt  sprouts, 
[ malt  refuse,  hominy  feeds,  cereline  feeds,  rice 
meals,  oat  feeds,  corn  and  oat  feeds,  corn,  oat 
■ and  barley  feeds,  chop  feeds,  corn  bran,  ground 
[beef  or  fish,  scraps,  meat  and  bone  meals, 
mixed  feeds,  except  as  otherwise  provided  in 
I section  3 of  this  Act — clover  and  alfalfa  meals, 
any  mixture  of  any  of  the  before  mentioned 
! substances  with  each  other  or  with  any  other 
[substance,  condimental  stock  and  poultry  foods, 
! medicinal  stock  and  poultry  foods  consisting  of 
! or  containing  any  of  the  substances  included  as 
[ concentrated  commercial  feed  stuff  as  defined 
! by  this  section,  patented,  proprietary  or  trade- 
marked  stock  and  poultry  foods,  and  all  other 
materials  of  a similar  nature  intended  for  stock 
or  poultry,  not  included  in  section  3 of  this 
Act. 

§ 3.  The  term  “concentrated  commercial  feed 
stuffs,”  as  used  in  this  Act  shall  not  include 
hays  and  straws,  the  whole  seeds  nor  the  un- 
mixed meals  made  directly  from  the  entire 
grains  of  wheat,-  rye,  barley,  oats,  Indian  corn, 
buckwheat  and  broom  corn.  Neither  shall  it 
include  wheat  bran  or  wheat  middlings  not 
mixed  with  other  substances,  but  sold  sepa- 
rately as  distinct  articles  of  commerce,  nor 
wheat  bran  and  wheat  middlings  mixed  to- 

— 4 F L 


50 


gether,  not  mixed  with  any  other  substances, 
and  known  in  the  trade  as  “mixed  feed,”  nor 
pure  grains  ground  together  unmixed  with 
other  substances. 

§ 4.  Any  manufacturer,  importer,  agent  or 
other  person  selling,  offering  or  exposing  for 
sale  any  concentrated  feed  stuffs  included  in 
section  2 of  this  Act,  without  the  printed  state- 
ment required  by  section  1 of  this  Act,  or  with 
a label  stating  that  the  said  feed  stuffs  contains 
substantially  a larger  percentage  of  either  crude 
protein  or  crude  fat  than  is  actually  present 
therein,  shall  be  fined  fifty  dollars  ($50.00)  for 
the  first  offense  and  one  hundred  dollars 
($100.00)  for  each  subsequent  offense. 

§ 5.  The  State  Pood  Commissioner  is  hereby 
authorized,  in  person  or  by  deputy,  to  enter 
any  premises  where  feed  stuffs  are  stored  and 
to  take  a sample  not  exceeding  two  pounds  in 
weight,  from  any  lot  or  package  of  any  com- 
mercial feed  stuff  used  for  feeding  any  kind  of 
farm  live  stock  or  poultry,  as  defined  in  section 
2 or  of  excepted  materials  named  in  section  3 
of  this  Act,  which  may  be  in  possession  of  any 
manufacturer,  importer,  agent  or  dealer.  Any 
sample  so  taken  shall  be  put  in  a suitable  vessel 
and  a label  signed  by  the  State*  Food  Commis- 
sioner or  his  deputy,  placed  on  or  within  the 
vessel,  stating  the  name  or  brand  of  the  feed 
stuff  or  material  sampled,  the  guaranty,  the 
name  of  the  manufacturer,  importer  or  dealer, 
the  name  of  the  person,  firm  or  corporation 
from  whose  stock  the  sample  was  taken,  and 
the  date  and  place  of  taking:  Provided,  how- 
ever, that  whenever  a request  to  that  effect 
is  made  the  sample  shall  be  taken  in  duplicate 
and  carefully  sealed  in  the  presence  of  the  per- 
son or  persons  of  interest,  or  their  representa- 
tive, in  which  case  one  of  the  said  duplicate 


51 


samples  shall  be  signed  and  retained  by  the 
person  or  persons  whose  stock  was  sampled. 
Any  person  who  shall  obstruct  the  State  Food 
Commissioner  or  his  deputy  while  in  the  dis- 
charge of  his  duty  under  this  Act  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than 
twenty-five  dollars  ($25.00)  nor  more  than  one 
hundred  dollars  ($100.00)  for  each  offense. 
The  aforesaid  State  Food  Commissioner  shall 
cause  at  least  one  analysis  of  each  feed  stuff 
collected  as  herein  provided  to  be  made  an- 
nually. Said  analysis  shall  include  the  deter- 
minations of  crude  protein,  of  crude  fat,  and 
crude  fiber,  and  of  such  other  ingredients  as  it 
is  deemed  advisable  at  any  time  to  determine. 
Said  State  Food  Commissioner  shall  cause  the 
results  of  the  analysis  of  the  sample  to  be  fur- 
nished the  Agricultural  Experiment  Station 
from  time  to  time  to  be  published  in  annual 
bulletins  or  special  circulars,  together  with 
such  additional  information  concerning  the 
character,  composition  and  use  thereof  as  cir- 
cumstances may  require. 

§ 6.  Any  person  who  shall  adulterate  any 
whole  or  ground  grain  with  milling  or  manu- 
facturing offals,  or  with  any  foreign  substance 
whatever,  or  adulterate  any  bran  or  middlings 
or  mixtures  of  wheat  bran  or  wheat  middlings 
known  in  the  trade  as  “mixed  feed,”  or  any 
other  standard  by-product  made  from  the  sev- 
eral grains  or  seeds  with  any  foreign  substance 
whatever,  for  the  purpose  of  sale,  unless  the 
true  composition,  mixture  or  adulteration  there- 
of is  plainly  marked  or  indicated  upon  the 
package  containing  the  same  or  in  which  it  is 
offered  for  sale  and  any  person  who  knowingly 
sells  or  offers  for  sale  any  whole  or  ground 
grain,  bran  or  middlings,  or  mixture  of  wheat 


52 


bran  and  wheat  middlings  known  in  the  trade 
as  “mixed  feed,”  or  other  standard  by-prodnct, 
which  has  been  so  adulterated,  unless  the  true 
composition,  mixture  or  adulteration  is  plainly 
marked  or  indicated  upon  the  package  [con- 
taining] the  same  or  in  which  it  is  offered  for 
sale,  shall  on  conviction,  be  fined  not  less  than 
twenty-five  dollars  ($25.00)  nor  more  than  one 
hundred  dollars  ($100.00)  for  each  offense  and 
such,  fines  shall  be  paid  into  the  treasury  of 
the  State. 

§ 7.  It  shall  be  the  duty  of  the  State  Food 
Commissioner  to  prosecute  the  person  or  per- 
sons violating  any  provisions  of  this  Act,  and 
for  this  purpose  the  State  Food  Commissioner 
may,  if  necessary,  employ  experts,  and  may 
further  designate  some  person  connected  with 
his  office,  or  some  other  suitable  person,  to 
make  complaints  in  his  behalf;  and  in  making 
complaints  for  violation  of  this  Act  the  person 
so  designated  shall  not  be  required  to  enter  any 
recognizance  or  to  give  security  for  the  pay- 
ment of  costs:  Provided,  however,  that  there 
shall  be  no  prosecution  in  relation  to  the  qual- 
ity of  any  unadulterated  commercial  feed  stuff 
if  the  same  shall  be  found  to  be  substantially 
equivalent  to  the  statement  of  analysis  made 
by  the  manufacturers  or  importers. 

§ 8.  Each  manufacturer,  importer,  agent  or 
seller  of  any  concentrated  commercial  feeding 
stuffs  shall  pay  annually,  during  the  month  of 
December,  to  the  Treasurer  of  the  State  of  Illi- 
nois a license  fee  of  twenty-five  dollars  ($25.00) 
for  each  and  every  bran  sold  or  offered  for  sale. 
Whenever  a manufacturer,  importer,  agent  or 
seller  of  concentrated  commercial  feeding  stuffs 
desires  at  any  time  to  sell  such  material  and 
has  not  paid  the  license  fee  therefor  in  the  pre-. 
ceding  month  of  December,  as  required  by  this 


53 


fcection,  he  shall  pay  the  license  fee  prescribed 
^herein  before  making-  any  such  sale.  Said 
[Treasurer  shall  in  each  case  at  once  certify  to 
the  State  Food  Commissioner  the  payment  of 
.such  license  fee.  Each  manufacturer,  importer 
ar  person  who  has  complied  with  the  provisions 
rof  this  article  shall  be  entitled  to  receive  a cer- 
tificate from  the  State  Food  Commissioner  set- 
ting forth  said  facts.  The  license  fee  received 
by  the  State  Treasurer  pursuant  to  the  pro- 
visions of 'this  section  shall  constitute  a special 
fund  from  which  to  defray  the  expenses  in- 
curred in  making  the  inspections  and  the  analy- 
sis required  by  this  Act,  and  enforcing  the  pro- 
visions thereof,  and  he  shall  report  annually 
the  amount  received  and  the  expense  incurred 
for  salaries,  laboratory  expenses,  chemical  sup- 
plies, traveling  expenses,  printing  and  other 
necessary  matters.  Whenever  the  manufac- 
turer, importer  or  shipper  of  concentrated  com- 
mercial feeding  stuffs  shall  have  filed  the  state- 
ment required  by  section  1 of  this  Act  and  paid 
the  license  fee  as  prescribed  in  this  section,  no 
agent  or  seller  of  such  manufacturer,  importer 
or  shipper  shall  be  required  to  file  such  state- 
ment or  pay  such  fee. 

§ 9.  This  Act  shall  not  affect  persons  manu- 
facturing, importing  or  purchasing  feed  stuffs 
for  their  own  use  and  not  to  sell  in  this  State. 

§ 10.  The  term  “importer,”  for  all  the  pur- 
poses of  this  Act,  shall  be  taken  to  include  all 
who  procure  or  sell  concentrated  commercial 
feed  stuffs. 

§ 11.  When  the  rendition  of  a judgment  im- 
poses a fine  as  provided  in  any  of  the  sections 
of  this  Act,  it  shall  be  the  duty  of  the  justice 
of  the  peace  or  other  court  rendering  such  judg- 
ment also  to  render  a judgment  for  costs,  and 
such  justice  of  the  peace  or  other  court  shall 


54 


forthwith  issue  a capias  or  warrant  of  commit 
ment  against  the  body  of  the  defendant  com 
manding  that  unless  the  said  fine  and  costs  be 
forthwith  paid,  the  defendant  shall  be  com- 
mitted to  the  jail  of  the  county,  and  the  con- 
stable or  other  officer  to  whose  hands  said 
capias  or  warrant  shall  come,  shall  in  defaull 
of  such  payment  arrest  the  defendant  and 
commit  him  to  the  jail  of  the  county,  there 
to  remain  as  provided  by  section  171  of  “An 
Act  to  revise  the  law  in  relation  to  criminal 
jurisprudence/’  in  force  July  1,  1895,  unless 
such  fine  and  costs  shall  sooner  be  paid. 

§ 12.  All  Acts  and  parts  of  Acts  inconsistent 
with  this  Act,  be  and  they  are  hereby  repealed. 

Approved  May  18,  1905,  in  force  July  1,  1905. 
Amendments  to  sections  1 and  2 approved  June 
2,  1911,  in  force  July  1,  1911. 


55 


RULES  FOR  LABELING. 


Pursuant  to  section  38  of  the  Illinois  Dairy 
and  Food  Law,  the  following  rules  and  regu- 
lations have  been  made  by  the  State  Food  Com- 
missioner: 

1.  The  principal  label  of  any  package  of 
food  shall  beTT^rinted  plainly  and  legibly  in 
English,  with  or  without  the  foreign  label  in 
thelanguage  of  the  country  where  the  product 
is  produced  or  manufactured,  and  shall  be 
promin&ally  placed  on  the  package. 

By  the  principal  label  is  meant  whatever 
label  or  statement  is  required  by  law  or  these 
rules  and  regulations. 

2.  THE  SIZE  OF  XXRE  UPON  SUCH 
LABEL,  EXCEPT  WHERE  OTHERWISE 
SPECIALLY  PROVIDED,  SHALL  NOT  BE 
SMALLER  THAN  EIGHT- POINT  (BREVIER) 
CAPS,  IN  WHICH  THIS  SENTENCE  IS 
PRINTED:  Provided,  that  in  case  the  size  of 
the  package  will  not  permit  the  use  of  eight 
point  cap  type,  the  size  of  type  may  be  reduced 
proportionately. 

3.  Cartons  shall  be  labeled  according  to  the 
same  principal  as  bottle,  can,  or  other  recept- 
acle .contained  therein. 

4.  If  the  weight  or  measure  of  the  contents 
of  a package  is  stated,  it  must  be  done  cor- 
rectly and  plainly  on  the  putside  of  the  pack- 
age/ 


ft*- 


56 


5.  The  grade  or  quality  of  an  article  of  food 
shall  not  be.  fal&el3E_j&preafmtf>d.  Such  terms 
as  double,  triple,  etc.,  shall  mean  two  or  three 
times  the  food  value  required  by  the  standard. 

6.  False  and  misleading  labels — The  use  of 
any  label  that  shall  bear  any  statement,  design 
or  device  which  is  false  or  misleading  is  pro- 
hibited; and  the  use  of  any  shift  or  device  to 
evade  the  provisions  of  the  law  is  a violation 
thereof. 

7.  Deceitful  and  suggestive  names  and  de- 
signs shall  not  be  used.  No  design  presenting 
a superior  ingredient,  its  source  or  a process 
of  its  manufacture,  shall  appear  on  the  label 
unless  the  inferior  ingredients  are  likewise  so 
represented  in  an  equally  prominent  manner. 
^ 8-  Defacing  labels— It  is  unlawful  to  deface, 
change,  erase  or  remove  any  mark,  label,  or 
brand  required  by  law  with  intent  to  mislead 
or  deceive. 

9.  Manufactured  articles  of  food , and  food 
sold  in  package  form  must  be  distinctly  labeled, 
marked  or  branded  with  the  true  name  of  the 
article.  “Table  Sirup,”  etc.,  are  names  for 
classes  of  food,  but  are  not  the  true  name  of 
the  article. 

Manufactured  articles  of  food  and  food  sold 
in  package  form  must  also  be  distinctly  labeled, 
marked  or  branded  with  the  name  and 
address  of  the  manufacturer,  packer  or  dealer: 
Provided,  that  an  article  of  food  which  does 
not  contain  any  added  poisonous  or  deleterious 
ingredients  shall  not  be  deemed  to  be  adulter- 
ated or  misbranded  in  the  following  cases: 

First— In  case  of  mixtures  or  compounds 
which  may  be  now,  or  from  time  to  time,  here- 
after known  as  articles  of  food  under  their  own 
distinctive  names,  and  not  an  imitation  of  or 
offered  for  sale  under  the  distinctive  name  of 


57 


another  article,  if  the  name  be  accompanied  on 
the  same  label  or  brand  with  the  statement  of 
tthe  place  where  the  article  has  been  manufac- 
tured or  produced. 

Second — In  case  of  articles  labeled,  branded 
; tagged  so  as  to  plainly  indicate  that  they  are 
compounds,  imitations,  or  blends,  and  the  word 
“compound,”  “imitation,”  or  “blend,”  as  the 
case  may  be,  is  plainly  stated  on  the  package 
in  which  it  is  offered  for  sale:  Provided , that 
the  term  “blend,”  as  used  herein,  shall  be  con- 
strued to  mean  a mixture  of  like  substances, 
not  excluding  harmless  coloring  or  flavoring 
ingredients  used  for  the  purpose  of  . coloring 
and  flavoring  only;  and  as  applied  to  alcoholic 
beverages,  only  those  distilled  spirits  shall  be 
regarded  as  “like  substances”  which  are  dis- 
tilled from  the  fermented  mash  of  grain  and 
are  of  the  same  alcoholic  strength. 

10.  Compounds  shall  be  labeled  with  the 
true  name  of  the  ingredients,  as  “Maple  and 
cane  sirup,”  etc.,  and  the  ingredient  which  pre- 
dominates shall  be  named  first. 

11.  Coloring  matter  when  added  to  any 
article  of  food  (except  butter  and  cheese)  shall 
be  clearly  indicated  on  the  front  of  the  package, 
by  the  words  “Artificially  Colored,”  “Vegetable 
Coloring,”  etc. 

12.  All  soaked  or  bleached  goods , or  goods 
put  up  from  products  dried  before  canning, 
shall  be  plainly  marked,  stamped  or  labeled  as 
such  with  the  words  “Soaked”  or  “Bleached 
Goods.”  The  term  “soaked”  need  not  be  used 
in  connection  with  names  of  food  which  are 
always  dried  goods  soaked,  as  “baked  beans.” 

13.  The  use  of  alum  in  pickles  or  any  other 
food  product  shall  be  stated  on  the  label,  using 
the  common  name  alum. 


14.  Saccharine — ' The  Referee  Board  of  Sci- ~ 
entific  Experts  has  found  that  the  use  of  sac- 
charine in  food  products  is  unhealthful  and  in-  J 
jurious.  Its  use  in  food  products  is  therefore  \ 
an  adulteration,  and  is  prohibited. 

15.  Jellies,  jams,  fruit  butter,  preserves,  etc., 
containing  glucose  and  no  cane  sugar  shall  be 
labeled  “Glucose  (Fruit)  Jelly ” or  “Corn  Sirup 
(Fruit)  Jelly ,”  etc. 

16.  Jellies , jams,  fruit  butter,  preserves,  etc., 
containing  glucose  and  sugar  shall  be  labeled 
“Glucose  (or  Corn  Sirup)  and  Cane  Sugar 
(Fruit)  Jelly,”  etc.;  or  shall  be  labeled  “Com- 
pound (Fruit)  Jelly,”  and  the  maximum  per- 
centage of  glucose  present  shall  be  stated  on 
the  label  immediately  following,  as  “Compound 
Apple  Jelly  containing  30  per  cent  Glucose.” 

17.  Food  containing  drugs — Any  article  of 
food  which  contains  morphine,  opium,  cocaine, 
heroin,  alpha,  or  beta  eucaine,  chloroform,  can- 
nabis, indica,  chloral  hydrate  or  acetanilid,  or 
any  derivative  or  preparation  of  any  such  sub- 
stances, shall  bear  a statement  on  the  label  of 
the  name  and  of  the  quantity  or  proportion  of 
such  substance  contained. 

18.  Preservatives — The  use  in  foods,  and  the 
advertisement  or  sale  for  use  in  foods,  of  for- 
maldehyde, hydrofluric  acid,  boric  acid,  sali- 
cylic acid  and  any  of  their  compounds  or  deri- 
vatives is  forbidden  by  law.  The  use  of  not  to 
exceed  1/10  of  1 per  cent  of  benzoate  of  soda 
will  be  allowed  if  the  name  and  amount  of 
preservative  is  plainly  stated  on  the  label.  The 
use  of  sulphur  dioxid  in  foods  if  plainly  stated 
on  the  label  will  not  be  contested*  when  found 


^Pending  the  report  of  the  Referee  Board  of 
Scientific  Experts  appointed  by  President 
Roosevelt. 


59 


.in  the  following  amounts:  Not  exceeding  350 
milligrams  of  total  (that  is,  both  free  and  com- 
-bined)  sulphur  dioxid  per  liter  or  kilogram,  of 
—which  not  exceeding  70  milligrams  is  in  a free 

0 state. 

19.  Bulk  manufactured  foods  when  exposed 
fbr  sale  and  not  otherwise  labeled  as  required 
by  law,  shall  bear  a placard  in  large  letters 
and  placed  in  a prominent  position  so  as  to  be 
easily  read  by  the  customer  as 

GLUCOSE  APPLE  BUTTER. 

THESE  PICKLES  CONTAIN  ALUM  AND 
SACCHARIN. 

HAMBURGER  STEAK  PRESERVED  WITH 
* SODIUM  SULPHITE. 

FISH  ARTIFICIALLY  COLORED. 

SUGAR,  VINEGAR,  ETC. 

20.  Standards — Variations  from — Articles  of 
5 food  must  conform  to  the  requirements  set  out 

1 in  section  39  of  the  Food  Law  and  to  the  defi- 
nition and  requirements  of  the  food  standards 
adopted  and  promulgated  by  the  State  Food 
Standards  Commission,  unless  such  articles  be 

I plainly  labeled  so  as  to  clearly  indicate  such 
I variation. 

Foods  prominently  labeled,  catsups,  jellies, 
I etc.,  and  containing  added  substances  are  not 
E “plainly  labeled  so  as  to  clearly  indicate  such 
variation’’  from  standard  when  the  names  of 
these  substances  are  printed  on  the  label  in 
small  type  together  with,  and  in  the  same  size 
type  as,  the  common  ingredients  of  catsup  or 
jelly,  etc.,  as  the  case  may  be.  The  names  of 
substances  added  in  small  quantities  should 
’ immediately  follow,  and  should  be  in  type  at 
least  one-fourth  as  large  as  the  name  of  the 
product  to  which  they  are  added. 


60 


21.  Vinegar  to  be  branded — All  vinegar^ 
made  by  fermentation  and  oxidation  without  the ^ 
intervention  of  distillation  shall  be  branded^ 
with  the  name  of  the  fruit  or  substance  from' 
which  the  same  is  made.  All  vinegar  shall  bdt 
made  wholly  from  the  fruit  or  grain  from 
which  it  purports  to  be  represented  to  be 
made,  and  shall  contain  no  foreign  substance. 

22.  Distilled  vinegar — All  vinegar  made 
wholly  or  in  part  from  distilled  liquor  shall  be 
branded  “distilled  vinegar,”  and  shall  not  be 
colored*  in  imitation  of  cider  vinegar. 

23.  Extracts  made  from  more  than  one  prin- 
ciple shall  be  labeled  in  a conspicuous  manner 
with  the  name  of  each  principle,  or  else  with 
the  name  of  the  inferior  or  adulterant;  and  in 
all  cases  when  an  extract  is  labeled  with  two 
or  more  names,  such  names  must  be  in  a con- 
spicuous place  on  said  label,  and  in  no  instance 
shall  such  mixture  be  called  imitation,  artifi- 
cial, or  compound,  and  the  name  of  one  of  the 
articles  used  shall  not  be  given  greater  promi- 
nence than  another. 

24.  Imitation  extracts — All  extracts  which 
cannot  be  made  from  the  fruit,  berry,  bean,  or 
other  part  of  the  plant,  and  must  necessarily 
be  made  artificially,  as  raspberry,  strawberry, 
etc.,  shall  be  labeled,  “imitation”  in  letters 
similar  in  size  and  immediately  preceding  the 
name  of  the  article. 

25.  Extracts  below  standard  shall  be  labeled 
“One-half  Standard  Strength,”  “One-third 
Standard  Strength,”  etc.,  as  the  case  may  be. 
Only  common  fractions  shall  be  used  and  the 
statement  of  strength  shall  immediately  pre- 
cede the  name  of  the  extract. 

26.  Extracts,  misleading  terms — The  terms 
“double,”  “triple,”  etc.,  as  applied  to  flavoring 
extracts,  are  held  to  mean,  respectively,  two  or 


61 


i three  times  the  minimum  strength  required  by 
the  standard.  The  term  “concentrated”  as  ap- 
plied to  flavoring  extracts  is  false  and  mislead- 
’ ing. 

P 27.  Extracts , synonymous  terms — The  terms, 
w extract,  flavor,  flavoring,  spirits,  essence  and 
tincture,  as  applied  to  solutions  used  for  flavor- 
ing food  products  are  held  to  be  synonymous, 
but  the  use  of  any  term  in  lieu  of  the  word 
“extract”  is  deprecated  as  applied  to  flavoring 
solutions  made  from  an  aromatic  plant  or  part 
of  the  plant. 

28.  Baking  powder  shall  contain  not  less 
than  ten  per  cent  (10%)  available  carbon  diox- 
ide, and  the  common  names  of  all  the  ingredi- 
ents shall  be  printed  on  the  label.  Alum  is  the 
common  name  for  aluminum  compounds. 

29.  Skim  milk  shall  not  be  offered  for  sale 
or  sold  without  first  attaching  to  the  can,  ves- 
sel, or  other  package  containing  said  milk,  a 
tag  with  the  words  “skim  milk”  printed  on 
both  sides  of  said  tag  in  large  letters,  each 
letter  being  at  least  three-fourths  of  an  inch 
high  and  one-half  inch  wide.  Such  tag  shall 
be  attached' to  the  top  or  side  of  said  can,  ves- 
sel, or  package  where  it  can  be  easily  seen. 

30.  Vehicles  to  he  marked — Those  who  en- 
gage in  the  retail  milk  business  in-  cities  and 
villages,  having  a population  of  five  thousand 
or  over,  shall  have  each  and  every  wagon  or 
other  vehicle  from  which  milk  or  cream  is  sold, 
conspicuously  marked  with  the  name  of  the 
vendor  on  both  sides  thereof. 

31.  Substitutes  for  lard  and  imitation  lard 
must  have  the  tierce,  barrel,  pail,  tub,  or  pack- 
age containing  the  same  distinctly  and  legibly 
branded  or  labeled  with  the  name  and  location 
of  the  manufacturer,  and  the  words,  “lard  sub- 
stitute,” or  “adulterated  lard,”  or  “compound,” 


62 


“imitation,”  or  “blend”  as  the  case  may  be; 
except  the  same  be  sold  under  its  own  distinc- 
tive name  as  provided  for  in  Rule  9.  (See  sec’ 
tions  9 and  25  of  lav/. ) ^ 

32.  The  sale  of  lard  substitutes  and  imita- 
tion lard  for  genuine  lard  is  a misdemeanor.  * 

33.  Process  of  renovated  butter  shall  be 
plainly  branded  with  thb  words  “Renovated 
Butter”  in  the  English  language  in  Gothic  or 
bold  faced  letters  at  least  three-fourths  of  an 
inch  in  length  on  the  top  and  sides  of  each 
tub,  box,,  pail,  or  other  kind  of  can  or  package, 
or  on  the  wrapper  of  prints  or  rolls  or  bulk 
packages  in  which  it  is  put  up.  If  exposed  for 
sale  uncovered,  or  not  in  a case  or  package,  a 
placard  containing  the  above  words  shall  be 
attached  to  such  butter  in  a conspicuous  man- 
ner. 

34.  Oleomargarine — Every  substitute  for 
butter  shall  be  marked  by  branding,  stamping 
or  stenciling  upon  the  top  or  side  of  each  box, 
tub,  or  firkin,  or  other  package  in  a clear  and 
durable  manner  “Oleomargarine,”  “Butterine,” 
“Substitute  for  Butter,”  or  “Imitation  Butter,” 
in  plain  Roman  type,  each  of  which  shall  be 
not  less  than  three-quarters  of  an  inch  in 
length. 

35.  Salad  oil — The  term  “salad  oil”  can  be 
applied  only  to  olive  oil.  Other  edible  oils  may 
be  sold  as  cotton-seed  salad  oil,  peanut  salad 
oil,  etc.,  when  intended  for  salad  purposes. 

Alfred  H.  Jones, 

State  Food  Commissioner, 

Chicago,  July  1,  1911. 


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